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LETTERS 



TO 



Governor Lewelling, 

BY 

J. K. HUDSON, 
Editor "Topeka Daily Capital. " 



CONTAINING ALSO 



A Brief History of the Legislate Session of 1893, District and Supreme Court 
Decisions on the Question of the Legality of the House of Representatives, 
Official Vote on Candidates for Governor in 1892 by Counties, Roster 
of U. S. Senators and Congressmen, State Government, State 
vSenate and House of Representatives, Present Appointees 
by Governor Lewelling, State Boards of Directors and 
Regents of Public Institutions, Judicial Districts and 
Vote on Congressmen by Districts in 1892, and other 
information for reference, verified and accu- 
rately given from Official Records and Roster 
of Republican State Central Committee 
. . and work of the year. . . 



PUBLISHED BY 

THE TOPEKA CAPITAL COMPANY, 

TOPEKA, KANSAS. 



COPYRIGHT, 1S93, 

BY J. K. HUDSON 

TOPEKA, KAS. 



-Hss 



04 



PREFATORY. 



This series of editorial letters was published in the 
Topeka Daily Capital during the session of the Kansas Legis- 
lature of 1893. The peculiar condition which called them 
forth was the organization of a dual House of Representatives. 
A legally organized body of sixty-three members, p csided 
over by a Republican Speaker, Mr. Geo. L. Douglass, and 
an illegally organized body of fifty-eight members, presided 
over by Mr. J. M. Dunsmore, Populist, existed for seven weeks. 
The recognition of the minority organization by the Gov-, 
ernor, a Populist,. and the Senate, having a Populist majority, 
led to the complications in the contest for supremacy, the 
various phases of which are treated in these letters, and the 
legal questions entering into the controversy were decided by 
the Supreme Court, the full text of which] appears in this 
volume. Respectfully, 

J. K. Hudson. 



TO GOVERNOR LEWELLING. 
Letter No. 1. 

Topeka, Kas., January 12, 1893. 
My dear Governor: All over Kansas, and far beyond the 
boundary lines of our splendid State, the attention of people is 
turned towards you. The question is asked by men and women 
interested in our State and its future, What will Governor Lew- 
elling do ? In this brief letter I do not purpose to insult you 
with flattery or to belittle you with abuse. We are facing a most 
serious condition of affairs, that may at any moment culminate 
in a disgraceful personal struggle and possible loss of life. You 
are the recognized head and leader of your party, and if our State 
is further disgraced by the revolutionary action of the minority 
of your party in the House, you and your administration will be 
held responsible. It will be useless for you to say that it was the 
action of the Legislature, over which you had no control. That 
excuse will not be received as a good one. You can control the 
Populist side of the Legislature at any time. That the present 
attitude of the minority is due to sympathy and support advanced 
by the present majority of the Senate, and by you and the other 
members of your administration, there is no shadow of doubt- 
Do you suppose fifty-eight members of the House representing 
your party would have considered the idea of organizing this 
branch of the Legislature if the administration and the Senate 
had been Republican? No, sir; the most idiotic legal adviser 
they are now guided by would not have entertained the [proposi- 
tion for one moment. The present attitude of the Populists in the 
House is due to your isympathy and support, and you have the 
power to stop the anarchistic revolution now going on if you so 
•^esire. If you call your State officers together, and ask Jerry 
Simpson, Willits,Breidenthal, and Judges Webb and Doster into 
the conference, and say to them that the present condition of the 
Legislature is damning the State as well as the party and must 
stop at once, it will stop. There is not an intelligent man in 
Topeka cognizant of the facts of the situation that does not 
know this to be true. Upon you, Governor Le welling, 'ests the 



6 LETTERS TO GOVERNOR LEWELLlS r C. 

responsibility of saying whether your party shall continue to 
make a disgraceful mob of the Legislature or not. Your party 
in the Senate will recognize the minority as soon as you do. It 
is expected you will do this to-day, and the present insurrection 
against the constitutional majority would never have undertaken 
their present plot to steal control of the House but for your sanc- 
tion and consent. For this the people of Kansas will hold you 
personally and officially responsible. You have been extolled as 
a business man of large and varied experience, a man of patriot- 
ism and courage, possessing real elements of statesmanship that 
would rise above the anarchistic sentiment and wild heresies of 
your party. To be frank about this, the Capital has never sym- 
pathized with this estimate of your character, and the present 
situation is an indication that you are no larger than your paity, 
or Willits or Simpson or Breidenthal, who are the floor-walkers 
of your minority, maintaining discipline and ordering the fifty- 
eight members what to do, and what not to do. 

Governor Lewelling, defying the constitutional rights of 
members of the Legislature is a more serious matter than talk- 
ing anarchistic "rot" at picnics. There is no white slavery in 
Kansas, no mob crying for bread, no citizen deprived of his 
rights, — except Republican members of the Legislature, — and the 
people of Kansas will make no mistake about this rebellion, of 
which you are the executive head. It will be analyzed and care- 
fully examined in every part. Nobody will be fooled with 
specious arguments. The case will rest in the future upon the 
legal rights of the members elected, and the men who are advis- 
ing or the office- hunters interested will cut no figure when the 
people render their verdict. They will say, and justly, that the 
Governor and State officers are'the leaders of the party, and that 
they are responsible far creating the revolution which they could 
have stopped at any time. This is the plain situation. If any 
PopuList member had one legal majority, he is entitled to his 
seat ; and more than one hundred and fifty thousand Republican 
voters of Kansas would say so. That great body of as honorable, 
as intelligent, and as patriotic citizens as exists in any State say 
to you to-day, through the Capital, that they demand of you and 
your administration the recognition of their representatives 
because the demand is founded on law and justice. This is the 
opportunity of your administration to show whether you are the 
Governor of the Populists or of the State. 



LETTERS TO GOVERXOR LEWELLIXG. 



TO GOVERNOR LEWELLING. 
Letter No. 2. 

Topeka, Kas., January 13, 1893. 
My dear Governor: You yesterday assumed the responsibil- 
ity, without warrant of law, of deciding, so far as your voice and 
influence can go, which of the two contending bodies of the 
House was legal. What right had you to drop the executive 
functions of your office and assume the prerogative of the 
highest court and decide a question which you have no more 
authority to meddle with than your chief clerk? When the 
House is legally organized it sends you a message stating the 
fact. This had been done by both parties on Tuesday. On 
Wednesday you stated, in a conversation with six well-known 
Republicans who called upon you, that there" was no legally 
organized body in the House. If that was true on Wednes- 
day, Governor Lewelling, what change had taken place or 
what facts had been conveyed to you to cause you to recognize 
the legality of the minority on Thursday? You were aware of 
the fact that the Senate was, at the hour of your sending your 
recognition of the minority, investigating the facts by a commit" 
tee consisting of six Populists and three Republicans. A con- 
ference committee of five members from each of the three polit- 
ical parties was endeavoring to find some common ground for a 
peaceable solution of the present critical dilemma, made with 
your knowledge and with the sanction of the leaders of your 
party, at the very hour when you destroyed all hope of com- 
promise by your letter recognizing as legal the minority, which 
you know, as an intelligent man, is not entitled to your recogni- 
tion except for partisan political purposes. Good faith to the 
investigation in progress in the Senate would have dictated that 
you await that report. If you have desired a peaceable settle- 
ment of the legality of the organization of the House, a courte- 
ous treatment of the conference committee laboring for that end 
would have suggested a postponement of your incendiary docu- 
ment. Is this your own judgment, or that of the conspirators 



8 LETTERS TO GOVERNOR LE WELLING. 

who for ambitious purposes are ready to plunge the House into 
a bloody contest? Your political advisers, consisting of Judge 
Doster, Breidenthal, Simpson, Willits, Clemens, and smaller 
types of this anarchist craze, are already controlling your admin - 
istration by revolutionary methods that the people of Kansas wil 
repudiate. 

Governor Lewelling, what is the significance of your recogni 
tion of the minority ? It means that the pride, prestige, power, 
and influence of your administration, not a week old, is pledged 
to the use of force, and, if need be, bloodshed, to sustain an illegal 
minority. Do you go before the people of Kansas in this usurpa- 
tion of power at the instance of a lot of politicians who have 
nothing to lose by a destruction of the good name and character 
of the State? 

A part of the plot of which you are the executive head is for 
the Populist Senate to-day to follow your example and endorse 
your course by recognizing the minority as the legal House 
organization. The next step that logically follows is the use of 
force to eject Speaker Douglass and the clerks. You know that 
sixty-three Republicans, legally elected and holding their certifi- 
cates from the State Canvassing Board, one Independent, and 
three Democrats, making a total of sixty-seven members, 
answered to the roll-call of Chief Clerk Brown, while the Popu- 
lists have only fifty-eight members holding certificates of elec- 
tion. You knew these facts, Governor Lewelling, when you 
played the part yesterday of a conspirator against the peace and 
good order of the State, less than a week after taking your oath to 
sustain the laws as its chief executive. If a bloody riot follow 
this premature action on your part while the members of the 
legally organized House are making every effort to secure a 
peaceable solution of the dangerous condition we are facing, the 
responsibility will rest with you. 

But, my dear sir, your conspiracy against Kansas does not end 
here. You and your co-workers of the Populist party purpose to 
go further than this. You have a well-defined plan, after gaining 
possession of both branches of the Legislature, to impeach Chief- 
Justice Horton and Justice Johnston, of the Supreme Court. 
Doster, the anarchist, will dishonor the seat so long honored by 
Judge Horton, and when you control both branches of the Legis- 
lature, the executive and the judiciary, it will be appropriate for 
you to haul down the stars and stripes that float over the Capitol 



LETTERS TO GOVERNOR LEWELLING. 9 

and run up the appropriate red flag of anarchy and communism. 

For three days and nights the House has been under semi- 
military control. Your clerk, the adjutant-general, assuming 
the title of colonel, is in command of the Populist guardians of 
the peace. It is the first time in the history of the State that a 
clerk of the Governor, called by courtesy the adjutant-general, 
ever took possession of the police regulations of the House 
against the wish of its members. 

Governor Lewelling, don't permit the new honors, so hastily 
thrust upon you by the conglomerate mixture of Democracy and 
Populism, to cause you to forget your plain duties to all the 
people. You are not vested with kingly powers, nor are you 
beyond the reach of public sentiment, as your present course 
suggests. I would be unmindful of my duty to the public if I 
failed to say that the real cause of your previousness yesterday 
was the fear you and your party leaders had that a number of 
the more conservative and patriotic members of your party had 
grown tired of the revolutionary methods and the bulldozing 
spirit of the floor-walkers of the south side of Representative 
Hall. Executive influence was deemed necessary to hold them, 
hence your hasty note of recognition. There are a number of 
citizens ; Governor, you have not met during your brief residence 
m the State, who believe that the sooner you comprehend the 
responsibility due one and a half millions of people, the sooner 
Kansas will have a Governor who will rise superior to the dicta- 
tion of a crowd of petty office-hunting politicians who have 
demonstrated that they are dangerous to the peace and good 
name of the State. 



10 LETTERS TO GOVERNOR LE WE LUNG. 



TO GOVERNOR LEWELLING. 

Letter No. 3. 

TopiCKA, Kas., January 14, ,-893. 
My dear Governor: There is a time to hope, a time to " cuss," 
and a time to pray. If you will dismiss your kitchen cabinet 
long enough to hold your ear to the ground, you will hear from 
more than a million of your constituents the sincere hope that 
you, the head of the State government, will not disgrace your 
high office by longer encouraging lawlessness and treason. 
You will hear the "cuss" of the fusion Democrat, from basso 
profundo to high falsetto, in language of a warm and pyrotechnic 
character, against his own stupid folly in helping to bring into 
life a State government in sympathy with lawlessness. You will 
hear the prayers of good people that you may be led to place 
your influence on the side of law and to help to protect the good 
name of Kansas against the crime of anarchy. You will hear all 
this, and learn what you ought to have known before, that the 
deepest, strongest, and best sentiment in the heart of every Amer- 
ican, regardless of party or creed, is his love of country. The 
action of yourself and your party in defying law and justice and 
bringing the lower House of the Legislature to the point of armed 
resistance to maintain their legal rights, has roused the holy fires 
of patriotism in the breasts of the people. Stop, Governor, and 
listen to the warning from more than a hundred counties of your 
State. To-day you, as the head of this revolution, are discussed 
all over Kansas and wherever the telegraph has carried the news 
in other States. Earnest men and women of Kansas are protest- 
ing against this crime of arbitrary force to deprive the people of 
representatives legally elected. 

Governor Le welling, to-day is a most critical one for your 
reputation; but what is of very much more importance than that 
is the loss to the honor of Kansas caused by this endorsement 
you have given in your official capacity to the anarchistic agita- 
tors and 1 epresentatives of your party. To-day may witness your 
application of force to give the minority of fifty-eight Populists 



. LETTERS TO GOVERNOR LEWELLING. 11 

possession of the legislative chambers. Suppose blood flows, and 
lives are lost; do you suppose you can escape public condemna- 
tion? Impeachment for official imbecility and disregard of 
official obligations would be too slight a punishment for you in 
such a case. I anticipate that your defense will be, that you did. 
not give the orders that brought bloodshed; but you cannot 
escape the fact that from your own party, from Democrats, and 
from Republican committees and individuals, you had the most 
complete information of the situation, and that without your 
sanction and support there would be no force, and without your 
full and premeditated co-operation with the revolutionary minor- 
ity the legal House of Representatives now having sixty-seven 
members, four more than a constitutional majority, would be 
doing the business for which they were sent to the capital. 

Governor Lewelling, if you imagine for one moment that 
because the minority has your support and recognition, and that 
of the Populist majority of the Senate, the sixty-seven members 
forming the real and legal House will submit to being driven from 
the hall by your " assistant adjutants-general," you do not under- 
stand the temper, the patriotism, or the courage of these men. 
They have the moral support of the people of Kansas behind 
them because they are right and because you and your party 
methods have been an outrage and a crime against the State and 
the legal rights of these members. It is a most serious situation, 
Governor, and you and your party leaders cannot be so blind to 
your own interests, if you are governed by no higher considera- 
tion, as to imperil the lives of men by forcing upon them the 
humiliation of being driven from seats to which they are justly 
entitled, or of defending their rights by force. Let me say to 
you and to your lawless crowd that these sixty-three Republicans 
and four Democrats will defend their rights. You will be the 
attacking party, and you will lose, whether the battle is long or 
short, because you are wrong and defending lawlessness. Nobody 
in Kansas is fooled as to the merits of the present contest, and 
the people will rally at this time, as they always do, on the side of 
law and order. 

My dear Governor, there is another matter I intend calling 
your attention to. Your party has had much to say regarding 
the legality of postmasters elected by Republicans. You will 
notice the dispatch of yesterday, January 13th, from the Fourth 
Assistant Postmaster-General, who says that two Populists hold- 



12 LETTERS TO GOVERNOR LE WELLING. 

ing scats and counted as part of your fifty-eight votes, Mr. Brown, 
of Caven, Pratt County, and Mr. Noble, of Freedom, Butler 
County, are postmasters at this date, and therefore not legally 
members of the House. This reduces your minority to fifty-six- 
Something might be mentioned in this connection about the his- 
toric beam and the mote, but the authority is probably too old to 
be of much weight in your party. 

Did you hear the eloquent words of protest at the great mass- 
meeting in Topeka last night, Governor? Oh! my dear sir, it 
would have stirred the latent patriotism of your heart to have 
heard the loyal, ringing words. They came from men good and 
true, regardless of party. It is loyalty to law and country that 
will maintain the Republic, and this was the spirit of that meet- 
ing, and there were many such meetings last night in Kansas, 
and there will be more to-night, and on Monday night there will 
be hundreds. Governor Lewelling, you are in a fair way to be- 
come acquainted with the people of Kansas. Public sentiment 
is against your course in recognizing lawlessness as you have 
done, and when you have felt the stern edict of Kansas, when 
the force of the opinion of an indignant people reaches you, the 
honors of your office and the flattery of your advisers will sink 
into insignificance. Those who at present seem to be directing 
your course imagine they are advanced thinkers, martyrs, and 
reformers, when the plain truth is they are sentimental experi- 
menters in anarchy and fiat, many of them hating law because it 
restricts crime and makes labor necessary. Most of your leaders 
here in Topeka to-day express openly their contempt for all law, 
human and divine. They feed the fires of prejudice against all 
forms of property, sow the seeds of suspicion against all people 
outside their own party, and would turn the world upside down 
in the firm belief that all change is reform and progress. Their 
teachings are dangerous to stable government as well as to the 
peace and prosperity of communities. 

In concluding this letter, Governor, permit me to say that we 
are making history at this time very fast, and you will be a con- 
spicuous figure for good or bad. There can be no evasion of 
your responsibility. You are either for or against Kansas, and 
it is a plain and a logical proposition that you cannot be for your 
State and on the side of lawlessness. Governor, stand with those 
who are building up Kansas, and not with the men whose mis- 
sion it is to destroy. 



LETTERS 10 GOVERNOR LE WELLING. 13 



TO GOVERNOR LEWE1XING. 

LETTER NO. 4. 

ToPEKA, Kas., January 15, 1893. 

My dear Governor : I regret that I am not able at this time 
to acknowledge the receipt of your answer to my letters. I do 
not forget, however, your pressing and onerous duties as com- 
mander-in-chief of the military forces of the State and execu- 
tive head of the revolution. I have no wish to uncouple the 
train of thought meandering through your mind this pleasant 
Sabbath morning, but it occurs to me that I should in strictest 
confidence inform you of what seems to be in the air — so to speak. 
It is whispered in the corridors, in the temples of justice, and in 
the forum, that, contrary to history, your revolution is moving 
backward. In view of this solemn fact, Governor, I suggest that 
we correct the record and call the revolution simply "insur- 
rection." 

One of the painful incidents of the present rebellion, Gov- 
ernor, was the severing of the umbilical cord that united the 
Democratic party and the People's party. There were real tears 
in the eyes of Chairman Jones and Jerry Simpson, two of your 
valiant commanders, when this event occurred. The refusal of 
the Democrats to be longer mustered under your banners must 
be a source of deepest grief to you. By their faithful help you 
now wear the kingly crown of power, and but for their addition 
to your forces you would be pursuing the peaceful and fruitful 
avocation of loaning money at 1 per cent per month. When you 
shall have attended worship this morning, Governor, and you sit 
in the Governor's mansion meditating upon the mutations of 
time and the uncertainties of politics, look beyond the present 
moment to the close of 1894, when you can lay aside the cares of 
State and again retire to the Peerless Princess on the banks of 
the irrigated Arkansas. You can then look back upon the brief 
but brilliant record of your party, and see that it failed because 
there was not enough powder behind the wadding. 

This, however, is no time to indulge in proverbial philosophy, 



14 LETTERS TO GOVERNOR LE WELLING. 

or to anticipate the closing hours of an administration oeated 
by Bellamyism, nursed by the principles of Doster and Herr 
Most, and made ridiculous by Simpson and Willits. You, my 
dear Governor, were not selected because of your anarchistic 
sentiments or your profound convictions that fiat was real, that 
nothing was something, but because, as a business man, you would 
be a healthy change over the cockle-burr statesman who preceded 
you as the gubernatorial candidate on the People's part)' ticket. 
It was the year, Governor, in the history of your party, to turn 
down the farmers as leaders and to turn up the lawyers, doctors, 
and the money-loaners ; hence you hold the sceptre. Here at 
the front gate of your administration you have made the mistake 
of recognizing a fiat House. The massive brains of your leaders 
have become so tangled up in millions and billions of fiat relief 
that it is not surprising that even you should have been led into 
error by them, until you really believe 58 to be a larger number 
than 67. The time has arrived, however, Governor, when the 
people are requesting you, in tones louder than thunder, to cor- 
rect your mathematics and to adjust your statesmanship to the 
constitution and the laws. Permit me to call your attention to 
the mighty voice of the people voting against your fiat House in 
the great mass-meetings being held all over Kansas. Public 
sentiment — that can pulverize any man who defies it, in all the 
Republic — is crystallizing iu the utterances of the State press, a 
few samples of which are presented for your Sunday reading. 

My dear sir, do not imagine that I hold any prejudice against 
your appointments because I was not consulted in their selection. 
The strained relations existing between this journal and )-our 
party since its organization have no doubt prevented you from 
seeking my valuable advice. I may, nevertheless, in this private 
and epistolary manner, bring to your attention some objections 
I might have urged against your present war secretary, the com- 
mander under you of the marines, infantry, artillery, and cavalry, 
as well as the new arm of the service known as " the assistant 
adjutants-general." I have not the pleasure, T regret to say, of a 
personal acquaintance with "General " Artz, except through the 
court records of Colorado and his recent war-like utterances iu a 
public mass-meeting. The gubernatorial cloture should at once 
be adjusted upon his large and vociferous mouth. I do not 
deem it appropriate to offer the details of the charge and trial of 
your adjutant-general at Colorado Springs, in the District Court 



LETTERS TO GOVERNOR LEWELLING. 15 

before Judge Campbell in 1891, unless you or he should insist. 
In my extensive reading of contemporaneous history I find the 
following personal notice of your war secretary in the Colorado 
Springs Gazette of January nth, which, I regret to say, is a plu- 
tocratic sheet, and therefore its utterances are subject to some 
suspicion. Here is the notice : 

HE WH,I, NOT STAY CRUSHED. 
Most of the residents of this city of two years ago have reason to remem- 
ber H. H. Artz, lawyer, agitator, and general rustler. His career in this city 
covered the brief period of about three years, but it was dazzling while it 
lasted. He managed to keep himself talked about constantly, got into a 
a number of lawsuits, ran for county judge and alderman of Colorado 
Springs. His last escapade, however, brought him to grief. He was caught 
attempting to bribe a witness in a criminal case, and was fined $1,000. 
Judge Campbell of the District Court instructed the district attorney to 
bring criminal charges against him on the grounds of perjury. A suit was 
also started in the Supreme Court to disbar Artz from practicing in this 
State, and suits are also pending to secure the payment of the SI, 000 fine, his 
brother having signed the notes for him . 

It seems quite probable just now that Artz will be able to pay his fine, 
as he was yesterday confirmed as the adjutant-general of the State militia of 
Kansas. The new Governor, jewelling, has appointed him to that position. 
Artz got his "pull" from thefact that he made one of his "bluedomeof heav- 
en'' speeches nominating jewelling in the Populist convention. The office 
carries a salary, and the adjutant handles the money and the contracts of the 
State militia. Artz was n»t arrested for perjury, as he left for Kansas two 
days before service could be had upon him. He was always a great 
friend of the dear people, and always ready to champion their rights — with 
his mouth — while he lived here, and he seems to have found his kind of peo- 
ple down in poor, old, bleeding, bloody Kansas. 

You will observe, Governor, that there is a vein of levity run- 
ning through the article above that is to be deplored. In the 
crude and unlettered wilds of Colorado there is not that defer- 
ence paid to greatness that we offer here in the cultured capital 
of Kansas. Of course, my dear sir, you will understand that I 
do not recommend that " General " Artz be court-martialed and 
shot — at least, not yet. He may be no worse than your other 
appointees, who will be considered as the revolution progresses ; 
and besides, it would not be safe in this critical hour of your 
administration, when you are facing the responsibility of the 
second week of the "rump " House, to leave the property of the 
State and the liberties of the plain people unprotected. 

In closing this letter, Governor, permit me to congratulate 
you that there were no more blunders that could have been made 
in your first week. You exhausted the supply. As I am a candi- 



16 



LETTERS JO GOVERNOR LEVELLING. 



date for an important office I hav** tww a , 

offensive^ partisan -e-tta^XSl^t ******* 

makxng. Seeking office always deprives men of „ T ^ "" 




LETTERS TO GOVERNOR LE WELLING. 



TO GOVERNOR LEWELLING. 
Lettkr No. 5. 

TopEka, Kas., January 15, 1893. 

My dear Governor: Permit me to say to you that your fail- 
ure to hear from me the past few days did not arise from indif- 
ference on my part to your conspicuous labors in the interest of 
reform and anarch}'. I assure you, sir, that the most reckless 
orator of your calamity party never pictured a more defiant exec- 
utive head than yourself for a revolutionary movement against 
the tyranny of law and good order. I read your war proclamation 
yesterday, written by Assistant Governor Doster, with a suspicion 
that the present revolution was impairing your ability to state 
facts, while you yet retained the capacity of the average speak- 
ers of your party to substitute bombast for reason and threats of 
lawlessness for patriotism. It is the duty of the press to point 
out the public officers who endeavor to pass gall for ability and 
windy bravado for courage. That you do not appreciate this 
portion of the unselfish labors of the daily press is the misfor- 
tune of the State, over whose destinies you will preside for two 
long years. You state, in the "stump" speech which precedes 
the military and sanguinary portions of your proclamation, that 
the public meetings held throughout the State to protest against 
the lawlessness of the minority of the House, the minority of 
the Senate, and your sympathy with it all, are instigated by 
'' corporate power " and addressed by " corporation attorneys." 
Your utter disregard of the proprieties due Republican repre- 
sentatives, as honorable and as useful to their State as you have 
been during your brief residence, has been a matter of astonish- 
ment to citizens of all political parties, but your deliberate insult 
to tens of thousands of citizens all over Kansas, whose patriotic 
course you could emulate with great good to the State, is the 
crowning piece of impudence and bad manners least expected 
from a chief executive, and the man who ought to be the first 
gentleman of the State. 

It was unfortunate for you, my dear Governor, that your 



18 LETTERS TO GOVERNOR LEWELLING. 

Assistant Governor Doster was not familiar with the facts and 
incidents relating to the organization of the House, and more 
especially must it be humiliating to you to learn, through the 
columns of this excellent family political newspaper, that, not- 
withstanding the wise and solemn judicial visage of your Assist- 
ant Governor, he was absolutely in error in every one of the cases 
cited by him in your pronunciamento. You can see, my dear 
Governor, how embarrassing this must be to your friends, who 
are compelled to rearrange their facts concerning the progress of 
the revolution each morning after reading the Capital, and to also 
adjust their judicial decisions in accordance with the law as 
explained so clearly in the official State paper. Of course, my 
dear sir, no one charges you with the responsibility of misquot- 
ing the law and precedents, because everybody, even snorting 
Populists, understand that you do not know anything about the 
law, or you would not make these " fool breaks" that must event- 
ually bring you to the Supreme Court and under the mountain 
weight of public contempt. 

I am afraid, my dear Governor, that you have not read the old 
Latin maxim correctly. You ha\e possibly been led to say, " Vox 
Populist, vox Dei" The point you will readily attach to your 
mind is, that 100,000 voters in Kansas is only one-third of the 
populi. See? Between the lines of the war-like document I fear 
I read: " I am the State." Don't try to be bigger than the people, 
Governor. Political cemeteries are full of alleged statesmen who 
have tried the experiment. As one of your confidential advisers, 
let me say, Governor, don't try it. You say that the authority of 
the State must not longer be disregarded? Do you contemplate 
military invasion of the House to give the control of that body to 
the minority of fifty-eight? Is that the plain English of your 
threat? The executive head of the State had better take a day off 
and try to think out the consequences of such a high-handed 
outrage before he gives his final orders. 

My dear sir, if the army moves upon the Bastile of the pluto- 
crats, will you command in person in the full regalia of a militia 
major-general, or will General Artz, recently of Colorado, com- 
mand the forces? {Fishback vs. Indian) If you would permit a 
suggestion from one not rattled with the cares of state, allow me 
to urge, if there is to be war, if you are determined to wear the 
gay trappings of a tented field, that you make it hot and sanguin- 
ary. Plant your artillery commanding each wing of the Stale- 



LETTERS TO GOVERNOR LE WELLING. 19 

House, hold well your cavalry in the rear to pursue the enemy 
when they fly, and, with your infantry supporting your artillery, 
eomniand the sixty-seven members of the House to at once 
surrender to the fifty-eight members in the name of the laws of 
the State as interpreted by Assistant Governor Doster and the 
Duke of Iowa. If they refuse, let the war for the rights of the 
people and the constitution as interpreted by the anarchist 
Clemens begin at once. Give the Bald Hornet of the Neosho 
orders to shoot the dove of peace if it attempts to break through 
the gable window of the west wing. In this masterly manner 
the laws and the constitution will be sustained, and the great 
movement for the freedom of the people from the galling yoke 
of plutocracy become one of the historic events of the century. 
The motto that should adorn the breast of every soldier and 
statesman of this army of liberty should be: "We will have 
peace if we have to fight for it." These are but fragmentary 
hints for you, as commander-in-chief of the army and navy of the 
State, to assimilate and expand. 

I listened yesterday, Governor, in the Senate, to the discussion 
of a motion to refer the papers in the two contested cases before 
that body. The one sentiment that seemed to be a key to 
Populistic reasoning was uttered by Senator Semi, of Dickinson 
Count}'. He said, in substance, in reply to the legal arguments 
ably presented by Republicans, that in contest cases no attention 
should be paid to the law ; that the)' should be settled on common- 
sense principles. With such statesmanlike utterances ^from 
senators, Governor, you can go forward in your revolutionarv 
course absolutely certain of support from your party. 

In conclusion, Governor, it is scarcely necessary for me to 
urge you, in the name of patriotism, of peace and good order, 
and of the business interests of the State, to get away from the 
pestilential influences that surround you. Send the anarchistic 
advisers to the rear, and remember that you are the Governor of 
a great State and an intelligent people who have no sympathy 
for the law-breaker, no matter what his pretended grievance is. 
You are responsible for the present disgrace upon Kansas, and 
you alone can stop it — not by foolish newspaper communications, 
but by calling a halt upon your party leaders, who are bringing 
upon you the overwhelming condemnation of tit • people, 



20 LETTERS TO GOVERNOR LE WELLING, 



TO GOVERNOR LEWELLING. 

Letter No. 6. 

Topeka, Kas., January 22, 1893. 
My dear Governor: It is a source of congratulation that on 
this beautiful Sabbath day the revolution can take a rest. You 
can lay aside the crown and hang up the sceptre. It is your priv- 
ilege on this blessed day to be free from the arnry of place- 
hunters and advisers, and to forget the stream of letters, peti- 
tions, and telegrams from the loyal people of your State, praying 
you to place your administration on the side of law and order. 
Notwithstanding your seeming coolness toward my letters here- 
tofore sent you, I am sure you appreciate my disinterested friend- 
ship and value my advice. Your administration is now two weeks 
old, and, for a young thing, has attracted wide attention on ac- 
count of its brilliant and original character, its defiance of pub- 
lic sentiment, and its reckless disregard of legal forms. Since 
you read your flamboyant inaugural endorsement of the anarch- 
istic spirit and the treasonable tendency of your party, only a 
fortnight ago, Kansas has received more ridicule, contempt, and 
criticism than ever in a dozen years before. Permit me to call 
your attention to your message to the Legislature. I have read 
it carefully, notwithstanding its length in nonpareil, and find it 
quite like the ordinary Republican document heretofore handed 
the chief clerk by the Governor's private secretar}'. The same 
old heads of finance, education, railroad legislation, prohibition, 
reformatory, penitentiary, statutory revision, mortgage laws, 
taxation, etc., that have always been discussed by Governors in 
Kansas and with similar recommendations, some in almost the 
identical language of this first-pop message. All this, my dear 
Governor, is not strange or unlooked for. Whatever may have 
been your campaign, mass-meeting, picnic, and school-house 
utterances about sweeping reforms in the interest of a down- 
trodden and suffering people, when you climbed into the guberna- 
torial chair you discovered certain proprieties and limitations in 
discussing the departments of government— which, by the way, 



IETTERS TO GOVERNOR LEWELLIXG. 21 

you round in remarkably good condition, notwithstanding the 
political misrepresentations of your charlatans and mountebanks 
who were thrown to the surface in the present upheaval. Your 
recommendations will scarcely satisfy the Populist voter, who 
during the past three years has been led to believe that Republi- 
cans were all scoundrels, plundering the oppressed tax-payer and 
riding rough-shod in corporate chariots over the liberties of the 
" plain people." No, my dear Governor, your message, which is 
the only temperate document yet emanating from your office, will 
not satisfy the voters of your party, who have been educated 
behind locked doors to believe that this great revolution meant 
ripping all old plutocratic corporate and Republican laws up the 
back and down the front. Where is the endorsement of the 
dearly beloved theory- of fiat, except in your later war proclama- 
tion recognizing the " rump " House ? Where is the relief prom- 
ised the people? Why, sir, I ask in the soprano of the Bald 
Hornet of the Neosho, is there no recognition of silk-paper money? 
You must have been aware, my dear Governor, when you started 
your message through the columns of this excellent moral and 
religious daily, to become a part of the history of the nineteenth 
century, that you had failed to recommend the building of a 
single State corn-crib, wheat-bin, or packing-house. Why this 
failure to keep faith with the toiling masses in Kansas, who have 
regularly paid their dues to keep educators like you, Willi tts, 
Doster, Clemens, Otis, and other tin-horn reformers, firing the 
heart with prejudice, hate, and sublimated nonsense? Why is 
there no recommendation reducing the salaries of State and 
county officers to one dollar per day? Why, I ask in Senator 
Jumper's corn-husking tones, are you silent upon these burning 
questions of the hour? You have neglected to make a single 
recommendation to increase the circulating medium in the pock- 
ets of those who have it not, and the low price of wheat and 
beef receives no attention at your hands. Is it possible, Gov- 
ernor, that the close proximity of the executive office to the Santa 
Fe" building has influenced your mind and caused you to ignore 
the great objects of our order? To be plain, Governor, are you 
traveling in the middle of the road, and do you still spell reform 
with a big R ? 

When I last wrote you, the spirit of war seemed to be ram- 
pant in the executive chamber. I have waited since your proc- 
lamation to see you and your war secretary, General Artz, late of 



22 LETTERS TO GOVERNOR LEVELLING. 

the Colorado District Court record, appear in the brilliant uni- 
form of the Kansas militia, mounted upon the sprightly Norman- 
Percherons from the stables of the senator who presides over 
the Judiciary Committee. How like Don Quixote and his faith- 
ful Sancho Panza ! As you thundered down Kansas Avenue , 
your brave hearts palpitating, the observed of all observers, 
nodding plumes, clanking swords, followed by your body-guard 
and the battalions of patriots, you would fire anew the martial 
spirit of the People's party, that only needs a leader to go forth 
and regenerate and reorganize society, establish justice and rag 
money, and raise hades generally. After you had proven by the 
strong argument of the army and navy that 58 is a greater num- 
ber than 67, could you restrain your forces from marching 
against Satan himself? 

I do not wish to criticise in a factious manner any member or 
officer of the rump end of the Legislature, but there occurs on the 
part of the chaplain a bold attempt to place the Lord in the 
wrong political party. Mr. Todd, the able Populist chaplain, 
endeavors to instruct the Almighty as to the legality of the 
minority, and while he has a right to appeal the case, it should 
go through the intermediate courts and exceptions should be 
filed by the chaplain of the majority and legally organized 
House. Mr. Todd has made an unfortunate precedent, and the 
danger exists continually that if he fail to hear a decision upon 
his petition, he himself will decide it for the Almighty. 



LETTERS TO GOVERNOR LEWELLING. 



TO GOVERNOR LEWELLING. 

Letter No. 7. 

Topeka, Kas., January 24, 1893. 

My dear Governor: Your second proclamation of war aston- 
ishes your friends and amuses your political enemies. While in 
tone and character and intent it is similar to your first extraor- 
dinary production, you introduce some new gubernatorial fictions, 
which it becomes my duty as a confidenlial adviser to point out. 
I can plainly see in the document the wear and tear of the revolu- 
tion upon your mental powers, since portions of it indicate the 
paternal care of Assistant Governor Doster, others the irresponsi- 
ble anarchy of Assistant Governor Clemens, while the eulogistic 
and highly commendatory sentiments regarding your own 
brilliant record as a two-weeks governor bear the unmistakable 
impress of your own master mind. The delicate compliments 
you pay to yourself, your patriotism and courage, as well as the 
emphatic endorsement you give your official course, indicate not 
only the presence of deep-seated modesty, but demonstrate to an 
anxious, waiting world how_ entirely harmonious you are with 
yourself. Your boastful utterances remind me of a boy who has- 
been fooling with young cannon on the 4th of July and rejoices- 
because he escaped attending his own funeral. In my wander- 
ings up and down the face of the earth I have noticed that while 
people universally admire the quality of self-respect, men who 
are " dead stuck " on themselves are generally considered very 
fatiguing. You may have noticed for a week past that your 
fellow-citizens are carrying about with them, for some reason or 
other, a tired look. 

I must say that this attempt on your part to break into the 
newspaper field and exalt your very poor and treasonable "stump' 
speeches into gubernatorial messages to the people has been 
readily recognized as a severe case of itches scribendi, which you 
know is a ludicrous but not necessarily fatal disease of the brain 
when contracted by public officials. Yes, you have got it, Gover- 
nor, and got it bad; but, under the tender care of your nuraerou 8 



24 LETTERS TO GOVERNOR LE WELLING. 

male and female political nurses, you will recover. It is a part 
of the laborious and, I may say, not alwa}^s appreciated work of 
the press, which you never forget to compliment, to make many 
statesmen out of almighty poor timber. "We were all willing to 
do our best in your case, and you have not yet kicked yourself 
beyond our generous care, but we must, in justice to the pride 
we have in our profession, protest against your sophomoric pro- 
ductions being used to fill valuable space without the benefit of 
revision. You have a right to go over to Missouri and hunt up 
an obscure evening paper for an organ, but when you have lived 
in Kansas long enough to get some of the royal State pride in 
your soul, you won't do that. 

Let us, however, "return to our mutton." This war proclama- 
tion No. 2 was issued by your Missouri organ on last Saturday, and 
was so nearly a repetition of No. i as to escape the Kansas news- 
paper men. There are some gems of thought contained in it, to 
which I call your particular attention. You say : 

The daily press of your State and the means of reaching large classes of 
people through expensive mass-meetings are all under the exclusive control 
of those -who seek to weaken the cause of the common people by denouncing 
unscrupulously your chief magistrate and your State senators. The daily 
press teems with inflammatory utterances containing the basest falsehoods. 
Mass-meetings, managed by unscrupulous agents of frightened greed, and 
addressed by men salaried by unscrupulous avarice, have been held in 
various cities, and have passed resolutions filled with untruthful assertions 
and vicious insinuations concerning those to whom you have entrusted the 
responsibilities of administering your State government. 

Governor, do you mean to say that the spontaneous mass- 
meetings held all over this great State, about which you know so 
little, are not the honest and earnest expressions of good citizens 
against your imbecility and usurpation of power; against your 
treasonable sympathy with the lawless attempt of the minority 
to override by your help the will and rights of the majority? 
You denounce all the men who address these meetings as " men 
salaried by unscrupulous avarice." All over Kansas men as honor- 
able as yourself, personally and politically, have raised their voices 
as patriots for the peace and good name of the State. And you, 
only a resident of the State a very few years, unfamiliar with the 
people and the laws; you, who left Iowa for Iowa's good, and 
because your usefulness as a Republican office-holder there was 
at an end; you, from the office of the Governor, send out these 
outrageous libels upon the people whom you disgrace as their 



LETTERS TO GOVERNOR LE WELLING. 



25 



chief executive. These utterances would belittle a bar-room 
loafer. They are false in spirit and fact, and place you in the list 
of political demagogues who are riding this calamity wave 
regardless of the cost to the State and the people. 

Through, the Republican press at the capital we were brazenly told how 
this audacious villiany was to be accomplished. Behind locked doors and 
with none but Republicans present, a tie reported from Coffey County was 
dissolved by giving a Republican the certificate. The county clerk of Has- 
kell County transposed the votes of the two candidate for representative so 
as to return as elected the defeated Republican candidates, and this was by 
the then Secretary of State concealed from all but Republicans until the 
Canvassing Board had passed hastily upon the return and the certificate had 
been hurriedly issued and mailed to the Republican candidate. 

My dear Governor, you seem to forget that you are trying to 
state facts. The accumulating responsibilities and the increas- 
ing perplexities of the revolution seem to impair your moral 
vision. There were no locked doors and there was no intention 
of defeating the will of the people of Haske! County. Ex- 
Attorney-General Ives, as true a Populist as you are, and too 
honorable a man to lie for political purposes, defended the action 
of the State Canvassing Board before the Supreme Court. I 
regret exceedingly, Governor, that it is necessary to draw the 
deadly parallel upon you, but the object-lesson it furnishes 
will, I trust, assist you in untangling your mind. 

HERE YOU ARE AS A IyAW UNTO 
YOURSEIyF. 
I recognized Speaker Dunsmore, 
whose election had been more or- 
derly and who had been from the 
very first recognized by your Secre- 
tary of State; but, limited to such a 
choice, I do not shrink from saying 
that in view of the publicly avowed 
purpose of the Republican press and 
leaders, I should, had no other rea- 
son determined me, have recognized 
Speaker Dunsmore in the interests 
of the people and of their Constitu- 
tion. I was not bound to become 
particeps criminis in such an out- 
rage. I had been recreant to my du- 
ty to the people had I not done all in 
my power to thwart the contem- 
plated brazen wrong. I did thwart 
it, and I boldly proclaim that I am 
proud that I did prevent the great 



HERE YOU ARE IN THE CONSTI- 
TUTION. 
When my communication ad- 
dressed to Mr. Dunsmore was de- 
livered to him, I did not recognize 
either a Populist or a Republican 
House. I did but recognize Mr. 
Dunsmore as Speaker of the House 
of Representatives in its entirety 
provided for by the Constitution of 
Kansas. Who are entitled to seats in 
that body, by reason of certificates 
or of evidence of another character, 
is a question I have no right to de- 
termine and which I have not pre- 
tended to decide. The House itself 
is made by the Constitution the ex- 
clusive judge of the election returns 
and qualifications of its own mem- 
bers, and when Republican members 
urged me to decide them entitled to 
the organization because they held 
certificates, they simply invited me 
to an act of gross usurpation. 



crime which, but for my recognition 
of Speaker Dunsmore, would have 
been rendered possible of consum- 
mation. 



26 LETTERS TO GOVERNOR LEWELLINc;. 

It is probably asking too much of you to be consistent while 
aiding and abetting the present rebellion, but it is absolutely 
necessary, if you are to be recognized as one of our regular cor- 
respondents, that you show some little respect for logic. You 
cannot hope to attain high rank as a newspaper writer as long as 
the front end of your article goes galloping off on some consti- 
tutional road, while the rear end canters off down a dark alley 
after your personal responsibility. 

You see the point, Governor — you are not now engaged in 
perforating the air with crucified English in the school-houses. 
You are playing Governor, and you ought to drop out the hum- 
bug and nonsense of your campaign speeches. We now come to 
the nub of your discourse. We often find the thought-germ of 
a speech in the peroration, the sky-scraping climax, if you please. 
Your article was written solely to give you an opportunity to 
make the threat contained in the following paragraph : 

Your chief magistrate cannot for a moment doubt that you will counte- 
nance such conduct as that of determining to compel him to put the over- 
burdened tax-payers of the State to the expense of using force to secure 
submission to the authority you have conferred; nor will you, after such 
defiance of rightful authority, rightly or erroneously exercised, hold him 
responsible for the unhappy spectacle such an exhibition of force under 
such circumstances must present to the world, nor for the still more 
unhappy consequences which might follow such a veritable necessit}'. 

Governor jewelling, the people of Kansas will read with 
indignation your impudent threat to use force to sustain your 
political party, now claiming the right to control the majority of 
legally elected members of the House. If you are going to use 
the militia, why don't you do it without so much blathering 
nonsense? You have no more right to interfere with the mem- 
bers of that House than you have with the City Council. The 
people of Kansas are outraged by the present condition of things 
at the Capitol, and hold you responsible. That you do not com- 
prehend your constitutional duties, the obligations due the peo- 
ple and the State, or the dignity of your position, is too patent 
to bear argument. 



LETTERS TO GOVERNOR LMWEILING. 



TO GOVERNOR LEWELLING. 

Letter No. 8. 

Topeka, Kas., January 29, 1893. 
My dear Governor: I hope you have not for one moment 
believed it possible that your failure to hear from me for some 
days has been owing to a lack of interest in your administration. 
Not at all. As the veracious historian of this revolution, my 
time has been fully occupied with the important events of the 
week. The delivery of your party to the Democrats, the croco- 
dile tears of the female nurses of your administration, the 
very slight hesitation of the Populist members to forget all pro- 
fessions of reform and principle, their endorsement of the trade 
of a Democratic United States senator for a middle-of-the-road 
State printer, and the love-feasts, speeches, receptions, and fall- 
ing upon necks in consequence of this little dicker in official 
boodle, have been events so exciting and unusual as to interrupt 
the pleasant exchange of courtesies between us. Your exalted 
position as the executive head of this "jingo" revolution, your 
exasperating dilemma of trying to satisfy six hungry office-seek- 
ers with one office, your duties as commander-in-chief of the 
army and navy of the State, your daily great act of riding the 
snortiug broncho of Populism and the rejuvenated old cob of 
Democracy, going in different directions, have no doubt taxed 
your physical, mental, and spiritual natures as never before. 
While I assure you that I sympathize with you in this great 
work of reforming the world, I can congratulate you in excelling 
all your predecessors in the Governor's office in being all things 
to all men, and keeping before the public your conglomerate 
administration, which would rank as the funniest show on earth 
if it were not a menace to the business of the State because of its 
treason to law and order. Now that the sensational events of the 
session are past, we can resume this delightful and instructive 
correspondence. 

How plain it is, my dear Governor, that you are a Populist 
first and a Governor later on. You believe in the Supreme Court 



28 LETTERS TO GOVERNOR LEWELLINC. 

and the Constitution and the laws with certain restrictions and 
under certain conditions. In other words, your sign reads : 
"Governor Lewelling, loyal citizen, limited; all the laws con- 
strued on the People's party plan." As your revolution rolls 
gaily on at the expense of the tax-payers, you vindicate the Re- 
publican predictions of the last campaign; namely, that you and 
the other leaders would wreck the State to save your party. 
Your effort to elect Assistant Governor Doster United States 
senator was a fitting tribute from the head of the present rebellion 
against the constitutional authority of the House to the most 
out-spoken and sincere anarchist in your variegated combine, 
You supposed that the Democratic end of your party was hold- 
ing the snipe bag — it was the other fellows. See ? No party ever 
carried in its tenets and the public declarations of its orators and 
writers so much that was vicious and wicked against the peace 
and good order of society as yours. You, as the head of your 
party, in your utterances and your messages and interviews 
written in your office, have been no better and no larger than the 
school-house orator who demanded in this peaceful agricultural 
State "relief from the thralldom of our oppressors by the ballot 
or the bullet." If your approval of the lawless attitude of the 
minority of the House brings upon Kansas the added disgrace of 
your using force to sustain your political party, as you threaten 
in the last paragraph of the second pronunciamento, the re- 
sponsibility of the crime will be yours officially and personally 
and ought to send you to our asylum at Lansing, where other men 
are confined for holding uncertain ideas upon the laws and the 
Constitution, most of them not as dangerous to our State as those 
you have published since you became Governor, only twenty 
days since. 

You remember your first war proclamation, issued January 
19th, in which you misstated so many facts. 1 do not call atten- 
tion to this latter characteristic as distinguishing it from your 
others, as you will readily understand, but you rather broke your 
record, in that particular, at least, until you undertook to disown 
your second pronunciamento, first published in the Kansas City 
Mail Saturday evening, January 21st. 1 find in the Democrat of 
this city of January 24th an article headed: : ' The Governor 
Denies It— The Statement Concerning the Alleged Pronuncia 



LETTERS TO GOVERNOR LE WELLING. 20 

mento — What the Governor's Private Secretary has to Say About 
It." The Democrat says: 

What purports to be the second pronunciamento of Governor dwel- 
ling appeared in the Mail, a Democratic paper of Populistic leaning, pub- 
lished at Kansas City, It was not given out to the general press, but is 
understood to be intended for an extra edition for the homes and firesides of 
Populists throughout the State. 

THE GOVERNOR DISOWNS IT. 

Governor jewelling, when seen by a Democrat reporter in regard to 
the publication, denied that he was its author, or that it was written or pub- 
lished with his knowledge or consent. He said the statement as it appeared 
was in part a rehash of an open pronunciation which he had previously 
given out, but in other respects contained many clauses which he had never 
dreamed of. 

The correspondent who furnished the Kansas City Mail with the state, 
ment purporting to come from the pen of His Excellency claims to have 
received it from the hands of Fred Close, the Governors private secretarv. 
with Governor Lewelling's knowledge and consent. Mr. Close claims he 
gave some resolutions on the occasion referred to, but not the statement 
printed. 

The Populist of Topeka has the following notice and testi- 
mony about this second "manifesto " : 

The "manifesto ' appearing in the Kansas City Mail and reproduced 
in the Wall Street Capital Liar is a "fake," as will appear by the following 
reply to a note from the Populist to the Governor's private secretary. 
"Mr. A. J. R. Smith. 

"The manifesto' in this morning's Capital was not known to Governor or 
any other person here in office until seen in paper, Fred J. Close, 

"Private Secretary." 

The correspondents of the Kansas City Times, Journal, and 
Star were each sent for and assured by the Governor or Mr. 
Close that no such document as printed in the Capital and 
copied from the Mail emanated from the Governor's office. They 
were told that the manifesto was a rehash of the Governor's 
document sent out Thursday. January 19th, and that the last one 
was gotten up in the Mail office for sensational purposes. Now, 
Mr. Close, private secretary to the Duke of Iowa and Lewelling I. 
of Kansas, let me have the use of one of your extravagantly 
large ears while I offer you some historic facts regarding that 
war message No. 2. Yon are trying, in your capacity as lord 
high chamberlain to the Duke, to be a diplomat. Don't do it 
any more. A diplomat was never made out of a clumsy, every- 
day, common plug liar. No, you will never be a diplomat I 
have before me the original copy of the second war proclamation 
issued by the Governor, and given by you at 4 o'clock on Friday, 
January 20th, in the Governor's office to Mr. Kelly the corre 



30 LETTERS TO GOVERNOR LE WELLING. 

spondent of the Kansas City Mail. It consists of fourteen type- 
written pages, the type and ink the same as used in your office, 
and in the corner of each letter-sheet is the legend, " State of 
Kansas, Executive Department, Governor's Office." The Mail 
left out a portion of this document for lack of space, but what 
was printed in the Mail was reproduced in the Capital, and 
there is not a single word or letter added to this gubernatorial 
copy as it came from your hand, and this you knew when yon 
wrote your lying card to the Populist. If that ancient historical 
character, Ananias, were on earth, he would unhesitatingly 
deliver the medal to you. But why waste powder on jack rabbits 
- when I am " loaded for b'ar " ? 

And now, my dear Governor, you will pardon the frankness 
so becoming to all true friendships while we converse, of course 
in the strictest confidence, regarding that war proclamation No. 2. 
It is not to be wondered at that your mind, unused to the excite- 
ment of conducting a revolution, should occasionally get too 
full — your mind, I refer to — and spill some of the choicest bits 
of information. In this way, you see, you sometimes lose conti- 
nuity of thought, and when you reach up into your mind for 
some fact you find it missing. And thus your chain of evidence 
is broken, unintentionally on your part. I have endeavored on 
this theory to excuse your indiscreet statements about that war 
document No. 2. Permit me to furnish some missing links of 
information. Light another cigar, Governor, and, while reclin- 
ing in an easy chair, listen to my story. Ah, yes ! it is true, I 
know, that you sacrifice much in giving this time to worldly 
affairs, thus cutting short your reflections appropriate to the day 
But then you must remember that, as the Moses to lead the 
children into the promised land, your imperishable glory is in 
your unselfishness. 

You will recall the fact that on Thursday, January 19th, you 
had in your office a conversation with Mr. W. G. Kelly, the cor- 
respondent of the Mail. He asked for a copy of your manifesto, 
and it was suggested that an extra edition containing that and 
some resolutions you had received endorsing your conduct could 
be printed and circulated among the members and State officers 
for a certain sum of money. On Friday morning you suggested, 
in a note to Mr. Kelly, that such an extra edition might be sub- 
scribed for by the members and State officers. This written sug- 
gestion — Ah there! do you follow me closely, Governor?— was 



LETTERS TO GOVERNOR LE WELLING. 31 

attached to a subscription paper by the correspondent of the 
Mail and the money was readily subscribed. These lists con- 
tained the names of all the State officers and many Populist 
. members. Mr. Kelly was told to call for the copy during Friday 
afternoon, and at 4 p. m. on Friday proclamation No. 2, as printed 
in the Kansas City Mail of Saturday, January 21st, and copied 
therefrom in the Capital of the next Tuesday, and commented on 
in my letter No. 7, was handed to him by your private secretary, 
Mr. Fred J. Close. When you and your private secretary denied 
the authenticity of the manifesto, the correspondent sent to the 
Mail office for the original letter for comparison with the printed 
one. It was turned over to me as one of the interested parties 
in the controversy. It bears the marks of the editor's pencil 
where he marked out portions,, as stated in his paper, and also 
the foreman's office marks. It was divided into twenty-eight 
"takes," in printers' lingo, and there is not a word or line added 
or changed. Here you have the absolute proof that you and 
your whole kitchen cabinet have been swearing falsely about this 
document for a week. I hold the original, my de^ar Governor, 
. which I can show you at any time. As to its genuineness and as 

if} to the truthfulness of the facts as above stated there can be no 
A. shadow of doubt. Have I made myself clear, Governor? Let 

^0 me see; there is a nugget or two marked out by the editor of the 

£*7 Mail that might assist you to recall all of these missing facts. 

stf Here I find, in the very first page, the following eloquent passage, 
which I hasten to snatch from oblivion. You say: 

But at their weary toil from sunrise till dark, living- on their farms or 
in the remote suburbs of cities where rents are cheapest, not daring- to be 
, up at night because they must rise before daylight and resume their next 

day's ill-paid dreary drudgery, they and their friends being too poor to hire 
opera houses or great halls in which to meet, the plain people of Kansas— 
the sons and daughters of toil, the great mass of the population of the State- 
have not spoken. Hundreds of them dare not speak their honest opinions 
because of the loss of employment which they know would certainly follow 
the free utterance of their sentiments. 

Do you not recognize your literary gait in those thrilling 
sentences, Governor? On page 7 I find another gem that the 
ruthless Mail editor trust his pencil through. By reference to 
the duplicate copy you no doubt have in your office you can see 
that I quote you correctly. Beginning with the fifth line on page 
7, you say : 

Meantime vituperation continues to be hurled at your chief magistrate 
by a partisan press, and every conceivable falsi Statement is persistently 



32 LETTERS TO GOVERNOR LE WELLING. 

put forth in memorials, speeches, and resolutions of partisan assemblies. 
As your Governor, it. is my duty to tell you the truth about these matters, 
and I shall do so. No honest man will gainsay a word of what shall be 
stated here. I,et candid people judge whether a love of the people or a 
malignity born of plutocracy's fears has mitigated the outrageous libels 
published by unscrupulous men concerning the State officers in whose 
integrity you put the confidence manifested by your votes. 

There, my dear Governor, don't you discover in that string of 
balderdash your strong originality? You can now see clearly 
that if it was a foolish thing to give out such stuff for publi- 
cation, how much fooler (excuse the new word — in a revolution 
everything goes) it was to deny having written and furnished it 
for publication. The daily press will be a help and support to 
your administration as soon as you drop the demagogy of a Peo- 
ple's party politician, seeking by all the arts and tricks to, give 
3'our party an advantage it is not entitled to in law. Until your 
course changes, Governor, you are liable to have the same un- 
happy sensations each night when you lie down to woo "nature's 
sweet restorer" that the man had who unwisely toyed with the 
buzz-saw. 



LETTERS TO GOVERNOR LEWELLING. 



TO GOVERNOR LEWELLING. 
Letter No. 9. 

Topeka, Kas., February 5, 1893. 
My dear Governor: Another week of blizzards and revolu- 
tions has passed into the tomb of history. The continued solici- 
tude I have felt in your effervescing administration has possibly 
not escaped your discriminating powers of observation. The 
absolute frankness you have encouraged me to indulge in during 
this charming correspondence leads me to say that you will go 
down in history as the greatest mathematical politician of the 
age. You have proven to the world that 58 is greater than 63, and 
this one great discovery may yet change the very foundations of 
our government. The elaboration of this wonderful new prin- 
ciple may be a solution of the problem of how to make fiat dis- 
count the real, and anarchy excel law and order. Excuse the 
apparent levity of the remark, but what a mascot you would be 
to -the revolutionists of old Mexico. By the way, have you noticed 
how the old Sandwich Islands are all torn up with a revolution 
something like our own, and that the gentlemanly barber, Mr. J. 
A. McCandless, formerly of Manhattan, in this State, and Mr. J. 
Emmelmuth, the clothier, late of Atchison, figure conspicuously 
as :signers of the articles deposing Queen Liliuokalani of the 
Hawaiian Islands? Kansas never permits a procession to pass in 
any part of the world without having some of her distinguished 
citizens bearing a banner near the brass band. At this time Mr. 
McCandless and Mr. Emmelmuth have assumed the responsibil- 
ity of standing up for Kansas in Hawaii. It would be a graceful 
and an appropriate thing for you to do, my dear Governor, to 
offer the rulers of the effete East a pointer in diplomacy and 
etiquette, by addressing a brief note of condolence to the widow 
of the late John O. Dominis, whose queenly title taxes the powers 
of elocutionary gymnasts. Permit me to suggest something 
like the following for your cablegram : 

From the Duke of Iowa, Lewelling I. of Kansas, to ex-Queen Liliuokalani, 
widow of the late John O. Dominis , greeting: 

I tender you the services of the army and navy of my empire to sup- 
'— S— 



34 LETTERS TO GOVERNOR LEU ELL 1X0. 

press the plutocratic tools of Spreckels. Shall I send you General Artz? 
You have my tender sympathy. I am doing- some revolutionary work here 
in my own kingdom. 

My dear Governor, a message of that kind would indicate 
that the Atlas weight of your own revolution did not prevent you 
from recognizing the proprieties due from one ruler to another; 
and besides, Mrs. Dominis might possibly have use for General 
Artz. 

Next Tuesday, February 7th, will end the fourth week since 
the revolution under your personal supervision began making 
history and destroying the remnant of credit and State pride 
your party had not been able to blot out. We seem to have 
arrived at that point known to all spasmodic movements where 
stagnation sets in. The noisy hum of statesmanship, the audible 
directions of the Populist steering committee, the valuable efforts 
of those seeking minor offices, even the " stump " speeches of 
Chaplain Todd directed at the Lord, have all lost the spirit of the 
first stormy days of the rebellion. The new statesmen have come 
in contact with the historic stone wall, and they are trying to 
think. Reforming the world in a day is a big job, and the first 
half of the session is squandered. There is an absence of the 
former joyful sounds of the timbrel and the hewgag. The monotony 
might be relieved by another war proclamation. It is true that 
No. 2 did not fire the hearts of the "plain people," nor arouse the 
Bald Hornet of the Neosho to the heroic effort of annihilating 
the organization of the rebellious sixty-nine, but your discerning 
mind will readily grasp the fact that something must be done to 
check the wheels of the revolution or it will surely begin to roll 
backwards. One of the incidents of the week, which was signifi- 
cant only as being full of the usual brag and bluster, was the 
letter of Mr. Dunsmore, who presides over the Ben Rich House, 
demanding, on the line of your proclamation No. 2, that the legal 
House now composed of sixty-nine members acknowledge the 
supremacy of the fifty-eight Populist members. 

The same contempt for law, the same spirit of disrespect for 
the courts that has pervaded the speeches and the writings of 
the Populist members of the Legislature and the State officers, 
particularly yourself, the same lack of State pride and patriotic 
sentiment, were behind, in front of, and completely filled this 
communication of Mr. Dunsmore. You were given the credit as 



LETTERS TO GOVERNOR LE WELLING. 35 

well as the blame for having inspired his insolent threat against 
the legally organized House. The dignified and forcible reply of 
Speaker Douglass to Mr. Dunsmore was an evidence of the extra- 
ordinary patience with which men who have absolute confidence 
in the righteousness and legality of their case can listen to empty, 
boastful pretenders. 

Has it ever occurred to you, my dear Governor, that the teach- 
ings of the past three years behind locked doors and shrouded 
windows, at mass-meetings and at picnics, are going to do more 
than give you the offices you were all after? What was the foun- 
dation of your school-house oratory? It was to arouse the preju- 
dices of the producers against the consumers, to make the man 
who lived in the country believe the man who lived in town was 
his enemy. To win the favor of the workingman and the farmer 
by flattering him that he was a purer, better man, a more honest 
and a more patriotic citizen, than those who lived in towns and 
cities. You aroused class prejudice and endeavored to build a 
party upon the hatred of one class against another. You made 
the farmer believe he was more useful than the merchant, doctor, 
banker, lawyer, editor, or manufacturer. These false ideas are 
the foundation stones of the Populist party. The demagogues of 
your party preached openly that the consumers were robbing the 
producers and that every Republican! was a personal and political 
enemy. These were the doctrines you inculcated upon which to 
build your demand for class legislation and fiat schemes and 
heresies of the most impractical character. The elections for two 
years past in Kansas have been upon this basis. Your party has 
promised all kinds of reforms by legislation. Now, in the third 
year of its history, it is captured by the Democracy, the farmers 
are sent to the rear as leaders, while doctors, lawyers, and monev- 
loaners like yourself secure the offices. 

Another cardinal principle of your organization was that the 
office should seek the man, and not the man the office. Inside of 
thirty-six months every office to be filled and every new one to 
be created is pursuing from ten to fifteen men. Up one flight of 
stairs and down another, through one corridor into the next, out 
<f one office into another, through the Senate chamber, across 
the Appian Way to the House, the remorseless offices pursue the 
unhappy Populists. There have never before been witnessed such 
heroic efforts of patriotic men, pure, unselfish men, devoted to kill- 



:;< ; LE TTERS TO GO VERNOR LR WEL L L \ Y/. 

irig tyranny, to escape the bondage and corruption of office. Day 
after day, since the 9th of January, has the sprinting contest been 
going on in our State capital. You, my dear Governor, have seen 
noble sons of toil who have been wont to heap contumely on the 
office-holder, exhausted by their daily efforts to escape office, at 
last succumb because nature could no longer sustain the unequal 
contest. You have seen them in these supreme moments grandly 
rise to the responsibility of the hour and become sacrifices for 
their country's good. Touching scenes of this kind have come 
under my own observation. I have even seen two and three 
members of the same family thus called upon to respond to the 
sacred call of duty. It is thus "our people" are teaching the 
plutocrats the highest duties of unselfish citizenship. Ah! my 
dear sir, we must stand by the grand principle that the office 
should seek the man if it kills off half the members of our 
noble order. 

From peaceful Cloverdale in Chautauqua County comes a 
statesman who has evolved the most original idea that the great 
aggregation has produced during the week. Senator Jason 
Helmick has offered a bill in the Senate which provides that all 
the county offices, except county attorneys, shall be let and 
awarded like the keeping of the poor, the furnishing of coal, and 
county printing, to the lowest competent bidder. All this shall 
be done by the county commissioners. Just why county attor- 
neys should be left out I cannot understand, or why a Populist bill 
should demand competenc)' on the part of a county officer puz- 
zles me greatly. This is a wonderful bill, and its possibilities 
are immense. Extend this same method to State and United 
States Senate and Congressional offices, and your mathematical 
mind, my dear Governor, can readily comprehend the benefits. 
Men will be relieved from the expenses of a canvass and escape 
the toils of a nominating convention; all they need do is to sub- 
mit a sealed proposal and await the inevitable. Thus all the ex- 
penses of political speeches, hiring halls and brass bands, and 
torchlight processions will go into the legitimate channels of 
trade. "What a practical piece of statesmanship. Long live the 
hero of Cloverdale! Under such a simple system no interest 
whatever need be taken in the delegates from the bloody Second 
Ward, and the kickers of the Fifth Ward would have to go dry. 
In the sale of the United States senatorship Mr. Watkins, of the 
plagiaristic Athens of Kansas, would bid as high as he had in the 



LETTERS TO GOVERNOR LE WELLING. 87 

present campaign. All this would mean less sentiment and more 
business in politics, and lots of money would be saved to loan to 
the "plain people" on "jinison-weed" farms. 

I know that your path of duty, my dear Governor, is somewhat 
rockj- at this time, notwithstanding the large amount of advice 
shipped to you by admiring friends. You have an able and dis- 
tinguished staff of socialists, long and short haired anarchists, 
and various styles of cranks seeking to get an occasional hour 
with the helm of the ship of state, and thefore it has seemed to 
me all the more necessary that I should in this quiet Sabbath 
hour drop a kernel or two of wisdom into your mind for possible 
germination. You can't run a party and a State with a lot of 
small, smooth-bore politicians who live upon the gospel of hate, 
who can not distinguish between brains and the jaw-bone of an 
ass, who believe that pulling down all established laws, usages, 
and customs is reform. In conclusion, my dear Governor, I can 
only say, get right with your State and its laws, broaden out and 
be a Governor for all the people of Kansas, and we will sustain 
you. All that all the people ask of you is honest, earnest, patri- 
otic conduct in the affairs entrusted to you, and this much you 
have failed to offer them up to date. 



38 LETTERS TO GOVERNOR LE WELLING 



TO GOVERNOR LEWELLING. 

Letter No. 10. 

TOPEKA, KaS., February 12, 1893, 
My dear Governor: We still continue to travel the dull and 
monotonous road of mediocrity and fiat legislation. The warm 
sunshine that comes to us with the approach of St. Valentine's 
day admonishes you and me and the other horny-handed sons of 
toil that the time for spring plowing is at hand; the first crocus 
will soon bloom, and the oats should be sown without delay. My 
sympathy has gone out to you during your heroic struggle with 
your disheveled conscience the past week. In filling the offices 
not yet vacant, I saw the high resolve on your part to be true to 
the star-eyed goddess of reform, and a mocking, cruel world will 
never know the perspirin g effort you have made to make good fifty- 
three promises for the three offices of Railroad Commissioner. 
Whatever may be the tumultous feelings in the bosom of the Peer- 
less Princess over your official action in selecting the three Popu- 
listic statesmen who are to wreck the railroads of Kansas, it is 
time Tom Fitch understood that the promises made in the heat 
and confusion of a midsummer nominating convention ma3^ be 
blasted by the political polar waves that succeed election. The 
Princess may tear her beautiful auburn tresses over the too early 
cooling of your love, but she must remember that, burthened as 
you are with many similar complications regarding other offices, 
and as the commander-in-chief of the double-headed reform move- 
ment, you can not be confined in your official action by any 
promises you may have made personally while yet only an hum- 
ble citizen of the metropolis of Oklahoma. The keeper of the 
keys of that retreat at Lansing — that colony of advanced thinker s 
who at various times and places demanded a division of property 
they had not earned — was easily selected, and so was the Superin- 
tendent of Insurance, although the office will not be legally 
vacant for over two years. But the great cause of protecting the 
"plain people"" against plutocracy can not be hindered for an 



LETTERS TO GOVERNOR LEVELLING. 39 

hour by any little conventionalities of law or precedent, and, 
therefore, the official guillotine of the executive council has 
been busy. 

It pleases me, my dear Governor, to see 'you buckle the sur- 
cingle of your agricultural administration a little tighter and 
turn the official search-light upon the monopolistic condition of 
the Capitol city. It was but a matter of justice that the good 
Dr. McLallin, who has been carrying water and fuel and building 
fires in your political household since its brief but tempestuous 
life began, should be rewarded for his labors by appointment as 
Commissioner of Elections. The good Joseph, thus relieved, has 
been a mocker of the grips and signs of the brethren who dwell 
in the Citizens' Alliance, and he can seek pastures new. Your 
kind appreciation of my suggestions in the past emboldens me to 
speak for some of my fellow-citizens whose shrinking modesty 
hides their extraordinary ability. These gentlemen are leaders 
of your party, living here in this beautiful city of schools, churches, 
and pleasant homes — which features, we may add in passing, are 
indicative of a prosperity that should be pulverized, because, 
where the wailer of woe cannot successfully do business your 
party refuses to have a majority. These gentlemen have been 
industrious for the success of your party in this county and in 
the State with but little aid from the real farmers. They want 
recognition at your hands. They are men of political experience, 
as most of them have trotted for consolation purses in all the 
various parties, before yours, Minerva-like, burst upon the world. 
Many of them, through the leniency of kind-hearted judges, are 
permitted to call themselves lawyers, and for their industrious 
cultivation of agricultural-law and landscape-gardening politics 
should now be provided hy you with some legitimate means of 
obtaining a livelihood. Ah, yes! my dear Governor, I anticipate 
your reply, that you have many such to care for; but if you wish 
to retain these leaders, organizers, and pushers in your party, you 
must reward their unselfish sacrifices with some oleaginous office. 
I want nothing for myself, Governor ; I plead for those who have 
strained their vocal organs defending the oppressed farmer. 

The evangelizing influences of General Ballington Booth dur- 
ing the week did not seem to reach the executive chamber. If 
they had, my dear Governor, you would not have forgotten the 
promises you made to the representatives of organized labor who 



40 LETTERS TO GOVERNOR LEWELLING. 

called to urge the appointment of Mr. H. M. Ives as Labor Com- 
missioner. Mr. Ives, who is the president of the Kansas Federa- 
tion of Labor, a resident of Kansas for eleven years, an intelligent 
and competent gentleman, was endorsed by fifty-four of the sixty- 
five organizations in the Federation, by miners' unions represent- 
ing 7,000 or more voters, by Senator Martin, General Weaver, 
Samuel Gompers, president of the National Federation of Labor, 
and by many Populist members of the House. You may remem- 
ber to have said you would be guided "by the preponderance of 
endorsement of the labor element." Mr. Ives had it; but, like 
many another statesman, you were "short "on memory and "long" 
on promises. One objection you made against Mr. Ives was that 
he was a Democrat. And yet, Governor, neither you nor one- 
fourth of your windy statesmen would be on the rolls if it had 
not been for Democratic votes. You appointed one Todd, and 
the labor organizations of the State are asking, "Who in thunder 
is Todd?" Thus another pretense is punctured. 

You have no doubt heard the rumblings of discontent among 
the people growing louder and louder each day, protesting against 
the foolish waste of time and money, the idiotic travesty upon 
legislation, and the lack of dignity and absence of good sense in 
the present proceedings. It may be that you are too busy trying 
to appease the army of office-seekers that besiege you to really 
comprehend the widespread indignation toward your attitude 
and at the ridicule and humiliation your party is bringing upon 
our State. 

The cleverly planned conspiracy that has brought about the 
present situation here at the Capitol has been made clear by the 
events which have transpired since the assembling of the Legis- 
lature on January 10th. The conspirators meant to gain posses- 
sion of the House of Representatives by seating on the day of 
organization ten contesting members. Your party had on the 
floor of the House fifty-eight legal members on the first day of 
the session, while the Republicans and Democrats together had 
sixty-seven legal members. The ten bogus members of your 
party were sworn in before the meeting of the Legislature and 
placed upon the roll made by Ben Rich on January 10th, and five 
of them voted. These men, as you know, did not possess one 
iota of evidence to show that they had a right to be upon that 
floor, and yet formed a part of the pretended constitutional 



LETTERS TO GOVERNOR LE WELLING. 41 

majority of your party. I have before me a copy of the roll made 
by Ben Rich containing the ten bogus members added by him to 
the printed roll. This roll prepared by Ben Rich bears the fol- 
lowing statement written in his hand : " Present at roll-call Jan- 
uary to, 1893, and answering to names." Each Populist present 
was checked. Governor Lewelling, did you not positively know 
that these ten contesting Populists, without certificates of elec- 
tion, would be upon the House roll of January 10th and form a 
part of your pretended constitutional majority ? And do you not 
know that they had no right to be on that floor or on that roll 
read by Ben Rich? If you, or Ben Rich, or any other man or 
men, had the right to place those men upon the roll without 
even the semblance of an examination of their claims to member- 
ship, and before the Legislature was organized, had you not the 
same right to declare every Republican member's seat vacant ? 
Oh, shame upon such an open-faced political crime! And you, 
Governor Lewelling, were not only one of the parties necessary 
to make this outrage upon the rights of the people successful, 
but you were deeper than this in the conspiracy to rob the 
majority of the House of their legal rights. 

Listen! The conspiracy was this: five members of the Sen- 
ate were to be unseated by contest, giving the Populists a two- 
thirds majority, to enable that body, under the statute, to dis- 
solve the Supreme Court, and thus get rid of all the legal pro- 
tection the people to-day have against your usurpations of power. 
By seating ten members in the House you secured both Houses. 
Your very hasty recognition of the House was your part of the 
conspiracy. The blunders of the little old man who is trying to 
be Secretary of State, in not properly sending the notices of con- 
test to the President of the Senate, caused a break in your pro- 
gramme that even the monumental gall of the senatorial majority 
has not been able to surmount. Their fire contest a ses have 
decreased to two, and these are not supported by evidence suffi- 
cient to warrant the Senate in acting upon them, as was intended. 
The conspiracy was well planned, and, but for the blunders on 
the part of the Secretary of State and the lack of courage on the 
part of the "rump" House, would have made the blackest polit- 
ical chapter that ever disgraced any State. All this you have 
been a part of, Governor Lewelling, and you stand to-day before 
the people of Kansas as having used your high executive office 



42 LETTERS TO GOVERNOR LE WELLING. 

to place the minority of fifty-eight in control, against the legal 
majority of sixty-seven. The plan to capture the two-thirds 
majority in the Senate by five contests, possess the organization 
of the House by ten fraudulent members, take possession of the 
Railroad Commission, — although the terms of the old members 
have not expired, — to depose the Insurance Commissioner in the 
same way, to change the law relating to the secretary of the 
State Board of Agriculture, State Librarian, and State Historical 
Society, so that the Populists could be placed in control of every 
office, and to remove the members of the Supreme Court if nec- 
essary, formed the plan of the conspiracy hatched by your legal 
advisers, Judge Webb, Doster, and Clemens, and accepted and 
acted upon by you and other leaders of your party. This is the 
indictment I file against you. The people are not blinded for 
one moment t® the seriousness of this situation, and your farce 
of placing the responsibilit}- of a do-no*thing policy upon the 
Republicans and Democrats acting with them is transparent to 
all. I have before me also a copy of the original journal of the 
"rump" House, which differs from the recent attempt to make 
up a new journal. Your conspiracy was based upon an utter 
disregard of the legal and moral obligations due the people of 
Kansas. It has failed, and there is but one way out of the dis- 
graceful situation in the House, and that is for you, via the Su- 
preme Court, to recognize that sixty-nine members now presided 
over by Speaker Douglass constitute the legal House of Repre- 
sentatives. If you and Mr. Dunsmore and the Populist leaders 
of the Senate believed in the legality of the " rump " Hoiise, why 
have you hesitated to do business? Why do none of the " rump " 
House bills find their way to the Populist Senate, and why has 
the Senate not sent its bills to the " ramp " House ? All this is to 
build up the People's party; the expense and disgrace to Kansas 
is for the benefit of Populism run mad. 

My dear Governor, Shakespeare, that great reader of passion 
and motive, sized j^ou exactly when he wrote : 
" But man, proud man ! 

Dressed in a little brief authority, 

Most ignorant of what he 's most assured, 

His glassy essence, like an angry ape, 

Plays such fantastic tricks before high heaven 

As make the angels -\veep." 



LETTERS 70 GOVERNOR LEWELLISG. 



TO GOVERNOR LEWELLING. 
Letter No. 11. 

Topeka, Kas., February 19, 1893. 
M Farewell the neighing- steed, and the shrill trump, 
The spirit-stirring drum, the ear-piercing fife. 
The royal banner ; and all qualit}-, 
Pride, pomp, and circumstance of glorious war 
And, O you mortal engines, whose rude throats 
The immortal Jove's dread clamours counterfeit. 
Farewell ! Othello's occupation 's gone." 

My dear Governor : The whole State of Kansas to-day con- 
gratulates you upon being a greater failure as a soldier than as 
a statesman. That our people escaped the deplorable disaster of 
a bloody conflict is due more to your vacillation than to your 
courage; more to your fear of consequences to yourself and your 
party than to your patriotism. While we are no longer menaced 
by the grim visage of war, we yet have the revolution with us. 
The campaign only settled one point, and that was the right of 
the legal House to the exclusive use of the chamber erected for 
the House of Representatives. Where Mr. Dunsmore's political 
friends may gather for counsel and an exchange of parliamentary 
courtesies, is a matter of the slightest importance. It seems to 
me, my dear Governor, that it has cost a good deal of valuable 
time, much noise, many speeches and resolutions, and some 
money to settle a question, the answer to which was apparent to 
a large majority of the people of the State on January 10th. 
Reform, however, is always expensive, especially when it is not 
genuine. "The war in Kansas" attracted the attention of the 
country to the existence of much stupidity, of a lack of patriotism 
and State pride that ought to have been carefully concealed 
behind our 9,000 school-houses. Our army and navy did not 
seem to be filled with that enthusiasm for the war for the sup- 
pression of the Republican party that marked the enlistment in 
this State in i86i,when the punishment of treason was the issue. 
Your war secretary, recently imported from Colorado, did not 
inspire that degree of confidence in the army essential to the 



44 LETTERS TO GOVERNOR LE WELLING. 

success of a great commander. The explanation is obvious. 
The reorganization of the land forces should begin at once, and 
none but Populists be permitted to enlist. The events of the 
past few days have no doubt proved to you beyond cavil that you 
can not build your dynasty, my dear Duke, without complete 
possession of all the courts, appointive offices, and the army and 
navy, down to the private in the rear rank. There can be no 
established paternalism until Republicanism is extinguished. 
This proposition may be set down as an axiom, and your Assist- 
ant Governors, Webb, Doster, and Clemens, will no doubt cite 
you many historical references from the annals of the French 
Revolution to sustain this principle. The Republican officers of 
the National Guards should at once be court-martialed and shot, 
and every member of every company of the army most rigidly 
examined. If he does not possess the grip and sign of the 
glorious order that forms the foundation of the People's party, 
he should be discharged. At any moment it may be necessary to 
call the army and navy together again to resist the decisions of 
the plutocratic courts and other minions of the law. At such time 
it would be of first importance to have none but members of the 
People's party on guard as soldiers of the dynasty. The war 
department under General Artz becomes the safeguard of your 
administration, and may be absolutely essential in permanently 
establishing your title as Duke of Iowa, Lewelling I. of Kansas. 
I notice,. my dear Governor, that some of your senators, mis- 
understanding your official action in bringing the recent war to a 
close, have criticised your conduct. In a great revolution such 
as you are superintending there will arise mutinous officers from 
time to time. They are mere incidents and have marked all 
great movements. Others, more discreet, pound the enemy. 
Senator Leedy brought up the ancient topic of moving the capi- 
tal. This is always popular, and, as it is harmless, shows the 
wisdom of mature statesmanship. But this senator's mouth — 
like the militia— is not always under control, and its mechanical 
construction is such that a certain amount of action must take 
place before it comes to a stop. Hence he should not be held too 
strictly responsible. Senator Dennison labors under the same 
misfortune with his vocal organs, but his speeches do not inter- 
fere with his making a State reputation as the physical end of the 
Judiciary Committee. 



LET TERS 77 ) G O J 'EJ?\ ( ) R LE WELLING. 45 

If the government of the Suite were to be in the hands of the 
Populists in the future, then the propriety of moving the capital 
out of a^ountry that |gives from 2,600 to 3,000 majority against 
the treason and anarchy of Populism and for the Republican 
party, becomes apparent. The sheriff in such a county is not the 
kind of a peace officer the Leedy crowd is looking for. A city of 
40,000 inhabitants without a saloon, with forty churches and 
splendid schools, is not the best place to locate a capitol building 
for the disciples of fiat, repudiation, and Herr Most. In view, 
however, of the results of the late war, Republicans should be 
considerate of the intemperate feelings of those who pursue the 
phantoms of Populism and the .alluring promises of Peffer's 
"Way Out." Even the prayer of the spiritual adviser of the Pop- 
ulistic majority of the Senate, brief as it was, conveyed to the 
Lord the deep depression of Rev. Biddison's mind. He said: 
" May God have mercy on our treason-infested State." What 
appears very singular in this ambiguous appeal is that the chap. 
lain should permit the higher court to determine who is guilty of 
treason. 

My dear Governor, let us review briefly the events of the 
week. The first act of the legal House on last Monday, February 
13th, "befoh the wah, sah," was an effort to get the real question 
at issue before the Supreme Court. Mr. Chambers, chairman of 
the Elections Committee, recited the fact that one L. C. Gunn, of 
Labette County, refused to recognize the summons of the legal 
House to appear as a witness in the contested case of John L. 
Humphrey, of Labette County, and offered a resolution, as the 
sense of the House, that he be arrested for contempt. This reso- 
lution was passed, he was arrested, and his case is set for a hear- 
ing next Tuesday, February 21st. On Tuesday, the 14th instant, 
the legal House, presided over by Speaker Douglass, in order to 
bring the question of the illegality of the Dunsmore House still 
further before the courts, passed a resolution ordering the arrest 
of Ben Cc Rich, who, as acting clerk of the "rump" House, was 
disturbing the order and peace of the legal House. The attempt 
to arrest Mr. Rich on that day was the beginning of the war. 
Upon the adjournment of the legal House on the afternoon o{ 
Tuesday. Mr. Dunsmore's House took possession and locked the 
doors of the legislative hall. You will please follow me closely, 
Governor, as your memory d^es not seem to be of a stalwart 



46 LETTERS TO GOVERNOR LE WELLING. 

character. On the afternoon of Tuesday, after the attempt to 
arrest Ben Rich, a large number of deputy sergeants-at-arms 
were sworn in by both Houses. 

It was at this time that you, Governor, solicited an interview 
with Sheriff Wilkerson, which occurred between 3 and 4 P. M. of 
Tuesday, and during the conversation you suggested to Speaker 
Dunsmore, who had also been called into your executive office 
for consultation, that he had better make a written request of 
the sheriff to preserve the peace. This Mr. Dunsmore did, then 
and there, and delivered tne letter in person to Mr. Wilkerson, 
who stated that he would make an early reply. The following 
are the letters : 

Topeka, Kas., February 14, 1893. 
J. M. Wilkerson, Sheriff of Shawnee Comity: 

Dear Sir,— I hereby call on you as sheriff of Shawnee County for suffi- 
cient force to preserve the peace and authorit}' of the House of Representa- 
tives. I am very truly yours, J. M. Dunsmore, 
Speaker of the House of Representatives. 

To which Mr. Wilkerson replied : 

Topeka, Kas., February 14, 1893. 
Hon.f.M. Dunsmore: 

Dear Sir, — Your communication calling on me as sheriff for sufficient 
force to preserve the peace and authority of the House over which you pre- 
side received, and in reply will say, if there is a House of Representatives 
legally organized, it is clothed with the power to appoint a sergeant-at-arms, 
who has all power necessary to call to his assistance any number of citizens 
necessary to enforce the author^ with which he is invested by the House. 
Not wishing to decide which House is the legally organized body, I shall 
take no part as long as the peace and quiet of the citizens remains undis- 
turbed. Yours truly, J. M. Wilkerson. 

On the same day, Tuesday, the 14th, after the consultation 
with the Governor and Mr. Dunsmore, and after his« reply to Mr. 
Dunsmore, at about 9 p. m., Sheriff Wilkerson received the fol- 
lowing letter from the Governor: 

Topeka, Kas., February 14. 
To fohn M. Wilkerson, Sheriff of Shawnee County: 

Dear Sir,— Whereas, a body of armed and lawless men have this day 
attempted to arrest the chief clerk of the House of Representatives, the 
Hon. Ben C. Rich ; and whereas, there are rumors, which seem to be well 
founded, that such lawless body of men now contemplate a second attempt 
10 arrest said Rich and otherwise to become a menace to the peace and order 
ot the State: now, therefor?, I hereby demand of you that you proceed at 
once to provide such peace officers as may be necessary for the preservation 
of the peace and safety of the State, and that such officers be at once sta- 
tioned upon the Capitol grounds and in the corridors of the Capitol building, 
as may be necessary to prevent the entering of armed or disorderly men, 



LETTERS TO GOVERNOR LEWELLING. 47 

and that you use ever}- lawful means in your power to preserve the peace, 
prevent riot and all disorderly conduct, to the end that the House of Repre- 
sentatives may proceed undisturbed in the legitimate performance of its 
duty. 

Please advise me at once if these demands will be complied with. 

L. D. JEWELLING, 
Governor of Kansas. 

Regarding the above letter, Mr. Wilkerson says: 

My idea is that the Governor merely called on me for assistance so that 
he could boast of having- done so, and contradicted the order before I had a 
chance to respond, and on the pretense that I had refused to assist him. I 
received the first note, asking for aid in protecting the [Capitol, at 9 o'clock 
Tuesday night. At 10:30 of the same night Mr. Limeburner, from the Gov- 
ernor s office,, came to rny home in search of me, with a communication from 
the Governor I was not at home and he failed to find me that night. The 
next morning (Wednesday, the 15th Mr. Ijmeburner was at my house by 7 
o'clock in the morning and delivered the letter he intended me to have the 
night before 

The following is a copy of the letter : 

John M. Wilkerson, Sheriff Shawnee County: 

Dear Sir,— Since you have not seen fit to comply with my request to 
respond to a former communication of this evening. I hereby withdraw any 
demand for official assistance from you in preserving the peace in and about 
the corridors of the Capitol to-morrow morning. L,. D. Lewellixg, 

Topeka, February 14, 1893. Governor of Kansas. 

It was this refusal of the sheriff to become a partisan in the 
dispute between the two Houses that you, my dear sir, claimed 
was a refusal on the sheriff's part to do his duty in maintaining 
the peace. Upon this trick in the construction of the sheriff's 
answer 3'ou issued your proclamation for the assembling of 
the militia. At no time did Sheriff Wilkerson say he could not 
maintain peace. As soon as the sheriff learned that you had 
issued the proclamation calling out the militia, he sent you the 
following letter : 

Topeka, Kas., February ry '893. 
To His Excellency, L. D. Lewelling. Governor of the State of Kansas: 

Sir,— I as sheriff of Shawnee County, am charged with the duty of 
preserving the peace within the territorial limits of this county. 

I am advised that you have called upon the military power of the State 
to preserve the peace in this county. I wish to inform you that this action 
on your part is without mj' consent or concurrence and is wholly unneces- 
sary as I have at no time intimated to you that r am unable to preserve the 
peace within this county. 

I now wish to inform you that I am fully able and prepared to enforce 
the laws and preserve peace and order, and it is my intention so to do. 

Very respectfully yours, J. M. Wilkerson, 

Sheriff of Shawnee County, Kansas, 



48 LETTERS TO GOVERNOR LE WE LUNG 

Before 12 o'clock on Wednesday, the 15th, you issued your 
proclamation, calling out'the militia, in the following words : 

And whereas, The public peace should be preserved, and the rights of 
the House of Representatives should be respected, to the end that the people 
of the State may be protected in all their rights ; 

Now, therefore, deeming the present condition of public affairs as pre- 
senting an extraordinary occasion, and as warranting the exercise of the 
power vested in me by the Constitution of the State, to see that the laws are 
faithfully executed; that the public peace may be preserved, and that all 
persons who unlawfully obstruct the House of Representatives or any mem- 
ber or officer thereof in the proper discharge of their duties, may be re- 
moved, and that all unlawful organizations maj- be suppressed, and violence 
and bloodshed may be averted ; 

I, L,. D. jewelling, Governor of the State of Kansas, in virtue of the 
power vested in me as commander-in-chief, with the power to call out the 
militia to execute the laws and suppress insurrection , do hereby call forth the 
militia of the State, in order to suppress said unlawful assemblage, and to 
restore peace and protection, and to cause the laws to be duly executed. 

Adjutant-General Artz is hereb3^ charged with the duty of issuing the 
necessary orders to carry into effect the purposes hereinbefore declared. 

This was published officially in the Capital on the 16th. 

This was the situation on the morning of Wednesday the 15th. 
You had called out the militia and both Houses had sworn in a 
large number of extra deputy sergeants-at-arms. The Dunsmore 
House officers had possession of Representative Hall, locked and 
guarded. The members of the legal House were refused admis- 
sion. They then proceeded in a body, headed by Speaker Doug- 
lass and Speaker pro tern. Hoch, to the hall at 9 a. m., and were 
confronted by Populist guards armed with revolvers and Win- 
chesters. The members passed the guards, who failed to shoot, 
broke down the locked doors, and took possession of the hall they 
were legally entitled to. From Wednesday morning until Friday 
morning the legal House held Representative Hall while you col_ 
lected the militia. Committees and private citizens, individually 
and collectively, waited upon you during this critical time, urging 
you to disband the militia and submit the questions in dispute to 
the court. You were invited to address the Legislature and you 
complied, asking the legal House to surrender the hall to you, 
stating that you would have to use force to secure it if this was not 
done. To the question whether you would regard the decision 
of the Supreme Court in a test case as final, you refused to 
answer. The reason for asking that question was this: In your 
proclamation calling out the militia you said: 



LETTERS TO GOVE UXOR LE WELLING. 40 

It is the exclusive right of each House of the legislature to determiu e 
for itself who are entitled to seats therein, or who constitute the member" 
ship thereof, and the courts of the State have no power or jurisdiction to 
inquire or determine said questions. 

Again, on Friday, after the terms of peace had been agreed 
upon, you reiterated the same unwillingness or that of your party 
to be governed by the decisions of the courts. You said : 

If at some later day the Supreme Court shall declare the Populist House 
an unconstitutional body, then the responsibility for the action of the House 
will rest with it alone. The people are the judges of the actions of their rep 
rescntatives, and if there is blame, it will be cast in the right direction. It 
must not be lost sight of that the Populists have at all times denied the 
right of the Supreme Court to determine on any question arising from the 
organization of the House of Representatives. 

The reiteration of the idea that the question of the legality of 
the two Houses cannot be decided by the Supreme Court, by 
your legal advisers, your representatives and senators, has given 
good grounds for the belief that you depend upon force to secure 
a recognition. This contempt for the courts and for the laws, if 
they interfere with your assumed rights or the political theories 
of your party, has been talked by your public speakers, by your 
papers, and is now defiantly thrust before the people of the State 
by you, the chief executive. If 3-011 and 3-our other political 
leaders would stop one moment to discriminate between the 
action of the Legislature in deciding who its members are, and 
which is the legal bod3', it would be seen that a power outside the 
body itself must have the authority to decide the legal status of 
the two organizations. 

You might as well understand, my dear Governor, that what 
is legally right beats force, and proclamations, and "stump" 
speeches, and that the respect in the hearts of the people for their 
courts is only second to their sacred devotion to the life of the 
Government. Break down the authority of^ the courts, and, in 
our form of government, libert3' and protection are gone and 
anarchy reigns. If Mr. Biddle, the State Treasurer, is enjoined 
from paying out money, In- the District Court of Shawnee County, 
and he refuses to be governed by it, he will go to jail, where he 
will belong under such circumstances, and an army of 100,000 
men would rise up in Kansas to compel him or you or your 
" rump" House to obey the proper orders of the courts. Don't 
make any mistake, my dear Governor, about this matter of obey- 
ing the law and the courts. You may be a big man in \-our 






50 LETTERS TO GOVERNOR LETWELLtNC. 

party, but you are not large enough to defy the law, and when 
you do, officially or politically or personally, the trip-hammer of 
public sentiment will pulverize you. The story of the week, with 
all its exciting events, the grave dangers of a bloody conflict now 
happily passed, contains much that is humiliating to Kansas. 
The gathering of hundreds of armed meu when there was no riot 
to be quelled, no disorder even, beyond the easy control of the civil 
officers; the failure to intimidate, the retreat — are all historical 
facts over which the people are justly indignant. This chapter 
of a bloodless war to prop a rotten revolution, created to serve 
the political interests of a crowd of experimental politicians, 
would not be complete without giving the terms of the surrender, 
which are as follows : 

Topeka, February 17, 1893. 

First . It being the understanding- that the House presided over by Mr. 
Dunsmore has secured a hall in which to meet, the House presided over by 
Mr. Doug-lass shall remain in possession of Representative Hall, undis- 
turbed and unmolested. 

Second . The House presided over \>\ Mr. Dunsmore shall in like manner 
be undisturbed and unmolested in the possession of the hall which it "has 
secured, and may, if it desires, select a room In the State-House for its 
meetings, other than Representative Hall. 

Third : No arrests to be made by either House of members or officers of 
the other. 

Fourth: The militia to be immediately relieved, including the new 
recruits sworn in : and the sheriff's posse to be immediately disbanded. 

Fifth: Militia companies now en route for Topeka to be immediately 
telegraphed to by the Governor to return to their homes. 

L. D. JEWELLING, 

Governor. 

Geo. I,. Douglass, 
D. w. Eastman, 
J. K. Cubbisox, 
Committee on the par t of the House presided over by Mr. Douglass. 
The following additional memorandum was attached to the 
agreement: 

The memoranda this day signed by Governor Towelling, George L. 
Douglass, D. W. Eastman, and J. K.Cubbison, as a committee of the House of 
Representatives presided over by Mr. Douglass, and hereto attached, is not 
to be construed as a recognition by either the Douglass or Dunsmore House 
of the legal organization or character of the other, or by the Governor or 
the Senate as a recognition of either of such Houses, and shall not be used 
in court or any legislative body as evidence for any person, party, or body, 
and shall not be entered upon the journal or other record of either the Doug- 
lass House or the Dunsmore House or the Senate. 

Signed by I,. D. Lewelling, Governor, Geo. L,. Douglass, D. W. Eastman, 
and J. K. Cubbison. 



LE TTERS IX > GO I ERNOR LE If 'ELL I XL. 51 

And what, my dear Governor, lias all this fuss and expense 
settled? Simply, I repeat, that the legal House has a right to 
the exclusive use of Representative Hall. The Senate continues 
to send its bills to the minority ; you also continue to ' ' recognize 
it, and all pretended legislation is a useless waste of time and 
money. The public institutions of the State are menaced, the 
great exhibition of Kansas at the World's Fair will be lost, and 
the State disgraced, because a minority of fifty-eight is supported 
by you, defended by you, as having the legal right to organize 
over sixty-seven. Representing only one-third of the voters of 
Kansas, elected as you were by Democratic votes, your assump- 
tion of supreme power is only equaled by your ignorance of the 
first principles of law and of a republican form of government. 




52 LETTERS TO GOVERNOR LE WELLING. 



TO GOVERNOR LEWELLING. 

Letter No. 12. 

TOPEKA, Kas., February 26, 1893. 
My dear Governor : Your comic administration has added one 
more week of history that amuses those who despise us and humil- 
iates those who love us. Your fantastic display of troops, whose 
presence was the only menace to the peace and good order of this 
community, summoned as they were to overcome the sheriff's legal 
right to maintain order, becomes more and more absurd the longer 
we consider its impropriety and your revolutionary intent. You no 
doubt owe your present good health to the fact that the State 
escaped a fatal collision between the deputy sheriffs and your 
forces. That Kansas was not further disgraced by bloodshed to 
sustain a minority filled with the solidified gall that claims 
58 is greater than 64 is more due to the forbearance and patri- 
otism of the men you abuse in your recent semi-official address 
than to any appreciation of responsibility or control on your 
part of the excited conditions surrounding the week ending 
February 18th. How the troops of the State were marshaled to 
give legislative power to a reform party that feared to submit 
questions in dispute to the courts for adjustment is fully under- 
stood by an outraged people who are powerless to reply to the 
ridicule and contempt heaped upon Kansas throughout the nation. 
Ycur play is not a farce, because it imperils the credit and 
tarnishes the good name of the State, while the political clowns 
travesty legislation. It is not a comedy, for that is bright, and 
ratty, and entertaining. It is not a tragedy, because it is full of 
empty proclamations and weak bravado. Seven weeks have 
passed since you and your co-conspirators undertook to rob of 
their just representation the people who elected the majority of 
the House. Backed by your legal jugglers, Webb, Doster, and 
Clemens, strong in the power of a Populist Senate, since the 10th 
day of January you have been determined to organize the House 
for Populistic purposes on a minority of fifty-six legal members 



LETTERS TO GOVERNOR LE WELLING. 53 

Two years ago there was a Republican Governor and a Repub- 
lican Senate, and your party had a majority in the House. What 
a mighty shout would have gone up from every Populist meeting 
since that time, if the Republicans had enunciated the infamous 
doctrine you have tried to force upon the State; namely, that the 
Governor and the Senate having recognized the minority of the 
House, therefore it is the legal House. This is your position and 
the argument of your Assistant Governors— Webb, Doster, and 
Cemens. Your windy orators all over Kansas would have sawed 
the unoffending air for hours to prove that such a course was 
dictated by corporate greed and monopolistic agencies. To-day 
you do this crime in the name of reform. 

My dear Governor, your friends increased your vanity and 
raised false expectations by assuring the people, after your elec- 
tion, that you would be larger than your party. Is it possible 
that your party is no braver when facing a public duty, no 
stronger, no more patriotic or faithful to the principles of justice, 
and represents no more State pride than your wabbling course 
for the past seven weeks would indicate ? Beginning with your 
inaugural address, where you missed your great opportunity to 
present some evidences of statesmanship, following that with 
your first address to the people, so full of errors of fact as to call 
from you a second explanatory one within a few days. This 
apology was so much worse than thelfirst offense that you denied 
its authenticity after you saw it in cold print. Your proclama- 
tory administration then rested its case without further guberna- 
torial threats of violence until your war proclamation calling out 
the militia. On last Monday, February 20th, a Populist address 
was issued with your approval, which presents, in the usual ele- 
gant literary style of the gubernatorial office, the deep chagrin 
and indignation you and your party felt over the just defeat 
you suffered in your first military campaign. I cannot forbear 
quoting from this last literary gem of the revolution. It says: 

When the Governor found himself confronted by the sherifFof Shawnee 
County and a huge horde of drunken, ruffianly deputies, said to be largely 
from Missouri, present, he also found that the militia of the State on whom 
he had to rely Jwere to a man stained through and through with treason. 
The commanding officer was the first to make known his contempt for his 
official oath and that he would not obey orders from Ins superior officer. 

lint the partisan sheriff*, after involving himself in evasions and gross 
contradictions, perceiving that the Governor was helpless in the midst of a 
cowardly and disloyal militia raised an army of deputies many of whom 



54 LETTERS TO GOVERNOR LE WELLING. 

were the most vicious and depraved characters, filled with rum and continu- 
ally talking about hanging- the Populist leaders. Backed up by this motley 
crew, the sheriff denies the Governor the powers conferred on him by the 
Constitution, and, under threat of bloodshed and an assault upon the State- 
House and the Governor's feeble forces, compels him to treat with the law- 
less and treason-infected Republican gang. 

That essential is "the preservation of the Populist House." 
To suppress this, to destroy it, to wipe it out of existence, was the das- 
tardly and far-reaching purpose of the Republicans when they precipitated 
the late insurrection. Could they have accomplished the suppression of that 
House, they would have thwarted all possibility of any reform legislation. 
They know that laws passed by the assistance of that House are valid. 
They know that the Supreme Court that would declare otherwise would have 
to reverse all respectable precedent, immolate itself to the basest partisan 
demands, and face a wave of public indignation unparalleled since the days 
when the notorious Judge Tresilian was followed to the scaffold by an out- 
raged people, where they beat him with staves to make him ascend, and 
then exalted at his just but shocking execution. 

My dear Governor, let us proceed with the interesting events 
of the revolution in the order of their occurrence. It is a source 
of congratulation that Chaplain Biddison's timely petition for 
your protection against assassination reached the throne of grace 
50 promptly. You will remember that' the Dunsmore House pro- 
ceeded on Monday afternoon to organize for amateur experi- 
mental legislation in the "Cave of Gloom" in the south base- 
ment of the Capitol. It was on this same day that Senator 
Sterne introduced the following incendiary resolution in the 
Senate : 

Whereas, It has been reported that a majority of this Senate would not 
submit to a decision of the Supreme Court of Kansas affecting the organiza- 
tion of the House of Representatives ; now, therefore, be it 

Resolved, That the Senate of the State of Kansas will cheerfully concur 
in the decision of said court and recognize either House it may designate as 
the legal one. 

The resolution laid over under the rules until Tuesday, when, 
on motion of Senator Householder, it was laid on the table. On 
Wednesday, as soon as the Senate convened, Senator King (Pop- 
ulist) offered the following resolution : 

Whereas, It is reported and generally believed that the case now pend- 
ing in the Supreme Court was brought for the express purpose of attempting 
to decide the legality of the organization and membership of the House of 
Representatives ; and 

Whereas, Article 123 of the Constitution reads as follows : ' Kach 
House shall establish its own rules, and shall be judge of the elections, 
returns, and qualifications of its own members ;" therefore be it 

Resolved, By the Senate, that it is our judgment, after careful examina- 



LETTERS TO GOVERNOR LEWELLING. 55 

tion of the Constitution and established precedents, that the Supreme Court 
has no jurisdiction whatever over the organization of the Legislature. 

Senator King moved that the rules be suspended and the reso- 
lutions considered at once. President pro tern. Householder 
ruled the motion in order. 

Senator Scott (Republican) offered the following resolution 
as a substitute for Senator King's resolution : 

Whereas, A report has in some manner gained circulation that this 
Senate would refuse to acknowledge the authority of the Supreme Court in 
the matter of the controversy in the House of Representatives now pending 
before that body; and 

Whereas, Said report is an impeachment of the good sense and the 
patriotism of the members of this body; therefore be it 

Resolved, That we emphatically deny the truth of this report and declare 
that in this matter, as in all others in which legal points are involved, the 
Senate of the State of Kansas recognizes the authority of our Supreme Court 
and will loyally submit to its decision. 

It is altogether unnecessary for me to say to you that Senator 
Scott's substitute, so manifestly in the interest of corporate 
monopolies, was promptly voted down. I quote these resolutions 
to show how entirely you and other Populist leaders are in 
harmony in opposing the courts, when they may interfere with 
your party supremacy. For fear, however, of becoming personal, 
and thereby disturbing our pleasant interchange of Sabbath- 
morning reflections, I will not discuss the unrepublicanism of 
your secret oath-bound political organization, and the great 
importance to the Republic of its dying while quite young. 
Please repair the Republican end of your memory while we 
return to the first of the week. You know that Mr. L. G. Gunn 
was arrested by order of the Douglass legal House for refusing to 
obey a witness summons, and at once asked the Supreme Court 
to discharge him from arrest because of the illegality of the 
Douglass House, which for that reason had no right to arrest 
him. The case, you will remember, came up on Tuesday, Febru- 
ary 2 ist, for trial. The court heard testimony on that day and 
Wednesday, and on Thursday the arguments were heard. Yes- 
terday the court presented its decision by Horton and Johnston ; 
Associate Allen, Populist, dissenting. All this has been published 
in this excellent daily newspaper, which it is my pleasure to 
make interesting and instructive to your administration. Dur- 
ing these days of suspense to the law-abiding and patriotic por- 
tion of the State, the rump end of your administration continued 
its humorous labors in the "Cave of Gloom," while the Senate 



56 LETTERS TO GOVERNOR LE WELLING. 

listened to Mr. Leedy moving the capital of the State, with hi9 
wind power, out onto the prairies, where, as he magniloquently 
said, "it will be in tonch with Providence." Of course the early 
settlers of this State ought to have thought a little wider and 
selected a spot nearer Providence than Topeka, but you see, 
Governor, we old Kansans have not had the privilege of living in 
other States all our lives, as you and other favored leaders of the 
new party 'have. However, there may be something in what 
Senator Leedy says, although he would be the last man one would 
select as having exact information about Providence. 

I am sure you would have been greatly interested in the trial 
before the Supreme Court. The evidence presented some inter- 
esting phases of human nature. You may have observed, in 
trials, the fleeting tendency of the witness's memory when the 
question calls forth facts that the witness does not wish all this 
cold and unfeeling world to know. At times there was a back- 
wardness on the part of Mr. Lupfer's memory in coming forward 
that was quite embarrassing to him. He seemed to have lost a 
link out of it here and there, or dropped a stitch, so to speak, 
that gave his story a lop-sided appearance. When relating what 
occurred on the Populist side his forgetfulness was not so robust 
as it was about the Douglass side. However, the attorneys suc- 
ceeded in coaxing Mr. Lupfer to bring back large enough pieces 
of his shy and retreating memory to make a tolerably fair story. 
I have no doubt but what Mr. Lupfer's campaign utterances in 
"high C" are very satisfactory to himself, but, after going through 
a close cross-examination, he looked very much surprised and 
disappointed to find that his presumption and gall had failed to 
pass for statesmanship. There is something about the witness- 
stand that punctures small frauds in such a cold-blooded way 
that you sympathize with the collapse. 

The testimony of Mr. Ben C.Rich was another disaster to your 
cause. Ben's moustache is of that fierce variety that makes 
him look like one of the early buccaneers. His mind entered in 
a very cheerful manner into the spirit of proving the Dunsmore 
House altogether legal. When; however, the gentlemen who 
represented the side of law and order and the Douglass House . 
turned their attention to Mr. Rich, his mind lost that vigor and 
tenacity that marked his answers in direct examination. His, 
memory halted, and rested, and waited, and got sick in spots, in 
a way that was very exasperating to him, no doubt. The lawyers, 



LETTERS TO GOVER.\OR LE WELLING. hi 

however, kindly helped him out, and mended his story andbraced 
up his thinking powers until he made a very clear case against 
himself and his party. Ben did not intend this result, and 
struggled hard to forget all the facts that proved the Dunsmore 
House to have been a deliberate conspiracy of the minority from 
the first to the last. 

My dear Governor, I listened with careful attention to the pres- 
entation of your side of this House controversy before the 
Supreme Court. Your confidential friends, who are also your 
legal and political advisers, there offered the Populistic argu- 
ments and excuses for the conduct of your party during the past 
seven weeks. How weak and puerile and unjust the pleas were 
in behalf of your usurpation ! How defiantly your attorneys 
tried to bluff Justice with their cunning play of the four knaves. 
de facto, de jure, non-jurisdiction, and recognition! I waited 
with patience for the first argument based on right, honor, and 
justice. It did not come. Not one sentence was framed by your 
attorneys in this case demanding a recognition of the rights of 
the majority. All speeches for your cause discussed the lack of 
jurisdiction of the Supreme Court to decide the questions in- 
volved. Precedents were tortui ed and hairs split to show that 
the recognition of the Dunsmore House of fifty-eight by yourself 
and the Senate made it a legal House. Your attorneys made no 
attempt to cover up or refute the fact that the Douglass House 
had sixty-four certified members and the Dunsmore House only 
fifty-eight on the day of organization. The rights of the citizens 
of Kansas represented by the majority of that House were totally 
ignored. "We have the Senate and the Governor, and without 
them you cannot do legislative business; therefore the Dunsmore 
House is legal," was the sum and substance of the argument 
presented by the ablest attorneys of your part}-. Judge Doster, 
who has constituted a large part of your kitchen cabinet during 
the progress of the revolution, said in his argument: " If any 
aggregation or body of men organize themselves into a House of 
Representatives and secure the recognition of the Senate and the 
Governor, they are the House of Representatives, though none 
of them were elected or were even voted for at the election. The 
courts must accept their acts as legal, and are powerless to 
inquire into their organization." Doster, and Clemens, and Allen, 
and Hagan offered the whole range of legal technicalities to sus- 
tain lawlessness and force. On the other hand, Messrs. Garver 



58 LETTERS TO GOVERNOR LE WELLING. 

Overmeyer, Loug, andRossington presented the case of the legal 
majority with rare ability. Their arguments were the constitu- 
tional rights of the people and against the lawlessness of force. 
They plead for the preservation of legal forms and precedents to 
protect society against anarchy. Their arguments were patriotic 
appeals for the principles upon which the Republic depends for 
perpetuity. It was the great legal contest between the anarchy 
and lawlessness that underlies the Populist party and the legal 
rights of those opposing that party. 

The sun rose bright and beautiful on Saturday morning, 
February 25th. The decision of the Supreme judges was to be 
announced at 9 a. m. Long before the hour arrived the court- 
room was crowded to its utmost capacity. The judges took their ' 
seats and Chief Justice Horton delivered one of the greatest, most 
comprehensive, and soundest legal opinions upon the great issues 
involved that was ever handed down by the Supreme bench of this 
or any other State. Associate Justice Johnston joined in the opin- 
ion, while Associate Justice Allen delivered a dissenting opinion, 
accepting the Populistic theories of Doster, Clemens, and Webb. 
The anxiety of the people concerning this decision was very 
great. Many dispatches were received asking for the opinion, 
and a fervent "Thank God, the law governs in Kansas!" went 
up from honest, earnest, patriotic citizens in every county. And 
now, my dear Governor, what of the future? If you and your 
party purpose resistance to the highest legal tribunal of the 
State, there is most serious trouble in store for all concerned. I 
do not believe this reckless, treasonable course will, under the 
circumstances, be pursued by you or your party. If the Douglass 
House is recognized by you, by the Dunsmore House, and the 
Senate, you will even at this late hour be entitled to the thanks 
of a people who have felt the outrage and injustice of the dis- 
graceful proceedings of the past seven weeks. Obedience to the 
mandates of the court by the Dunsmore House will be met by 
the majority in a manly and chivalric spirit in the adjustment of 
the committees and minor offices for legislative work. 

In closing this talk over the eventful week, I hope, Governor, 
that we may be able to record in our next letter to you that the 
revolution has been laid away in the Historical Society's rooms 
as a relic, and that we may all join hands for the future growth 
and glory of Kansas. Our political differences we will cheerfully 
refer in 1894 to that great jury, the people. 



LETTERS TO GOVERXOR LE WELLING. 58 



TO GOVERNOR LEWELLING. 

Letter No. 13. 

Topeka, Kas., March 5, 1893. 

My dear Governor : O11 this lovely Sunday morning, when the 
birds are gaily heralding the approach of spring, it is pleasant to 
know that your deeply religious mind rests from the carking 
cares of state, and that your soul finds peace in the contemplation 
of the loftier themes to which men turn in hours of tribulation. 
You are fortunate in possessing a piety that does not interfere 
with your politics, and politics that do not jeopardize y our indi- 
A-idual interests. These great elements of character, combined 
with a profound ignorance of our State and of the people among 
whom you have resided for so short a time, eminently fit you to be 
the leader of "jingo" reform. In turning over the pages of that 
Book so appropriate for our perusal on this day, you will find in 
the following reference to the Dunsmore House a reproof, by 
inference, which, I may add parenthetically, appears to be along 
the line of the decision of the Supreme Court: 

The wicked are overthrown ."and are not : but the House of the righteous 
shall stand.— Proverbs xii. 7. 

Another quotation from the same source offers an explanation 
as to why our people are filled with lamentations and wear the 
badge of mourning: 

When the righteous are iu authority, the people rejoice- but when the 
wicked beareth rule, the people mourn.— Proverbs xxix. 2. 

The lack of rejoicing all over our great State is very apparent. 

My dear Governor, when I last had the pleasure of addressing 
you through this valuable repository of political truth and wis- 
dom, the supreme judicial power of the State had announced with 
all the force and power of excellent legal terms and phrases and 
citations, old and young, in judicial history, that 63 was greater 
than 58. You and your travesty upon political parties did not 
receive this judicial decision of a self-evident truth with that bois- 
terous hilarity that greeted Bre'r Otis, Simpson, PefFer, and other 
leaders of fiat, when they announced in their public speeches all 



60 LETTERS TO GOVERNOR LE WELLING 

over Kansas that they would have their rights "by the ballot or 
by the bullet." I noticed that the senators who represent your 
party and misrepresent Kansas had much to say against the 
decision of the Supreme Court. Permit me to go back to the 
proceedings of the Senate on Monday, February 27th, and quote 
some sentiments uttered, on that day at a time when the Populist 
members of the House were obeying the decision of the court. 
Upon resolutions in the Senate denouncing the decision of the 
Supreme Court, but urging the recognition of the Douglass 
House as a matter of expediency to secure needed legislation, 
the author of the resolution, Senator Landis, said (and we quote 
from the report of his speech in the Populist paper of this city, 
the daily Press) : 

' When we met here we believed that we had elected a majority of the 
lower House, and we always will so believe. When we recognized the Duns, 
more House we did what the Constitution required us to do. We have passed 
every act that we had promised, and now we find a Supreme Court that 
w?pes out ak that has been done and forces upon us a House that has no 
authority. 

Mr. Laudis sent to the secretary to be read a quotation from a speech 
delivered by ex-Senator Ingalls at Atchison in 1880, in which he scores Chief 
Tustice Horton unmercifully. 

Mr. I,andis continued: "If the Santa Fe Railroad Company did not 
figure in politics as it does, there would have been no trouble in the State 
If I had a ten-year-old boy who did not know more about justice than there 
is in that decision, I would disown him. Why do we submit? We do it that 
the blind, insane, and destitute may be taken care of, and that the people's 
interests may not suffer." 

Senator Jumper, whose oratorical nights have loosened some 
of the stars, addressing the Republican minority, said: 

You have been rebellious, and have taken the initiator}^ steps in all these 
troubles since January 10th. I expect to vote for that resolution, but shall do 
so under protest. We are onty preparing the way, when we bow to this 
rotten and damnable system, for a great revolution in the politics of this 
State. 

Senator L,eedy, a man of business experience entitling him to 
sense, if not to patriotism, said : 

I despise the two judges that rendered such a decision, and I spit upon 
. the decision. With this decision we will get the political hides of these 
judges, and when they are hung up to dry we will see them branded on both 
sides witk a railroad brand. I expect to see this usurper Horton, like 
Jeffreys, hunting the prisons of this country in which to hide himself from 
justice 

And now we come to the honest expression of a genuine 
anarchist who is too sincere to cover his treason to law with the 



LETTERS TO GOVERNOR LEWELLING* 61 

evasions resorted to by other members of his party. We quote 
the Press in full : 

Mr. Semi gave notice that he should vote against the resolution because 
it recognizes the Douglass House, and expressed the opinion that undue 
weight is given to the decision of the Supreme Court, and that '• we are too 
afraid of the cry of anarchy." He said: "I am not an anarchist- I am a 
believer in law. But I do not believe that everything we call law is law 
There is no greater curse upon any nation than too much law. The people 
are the law, and then there conies the Legislature. There is only one ques- 
tion in the whole matter, and that is justice. If the Supreme Court had 
thought it best to overstep their power because of justice, then it would be 
all right, but in the whole decision there was not a single iota of justice. 
Shall we abide by it? I say, never; but let us appeal to the people.'' 

You no doubt recall what you said yourself, Governor, to the 
Kansas City Journal reporter on Saturday. For fear the compli- 
cations of your administration with the lottery gamblers down at 
the mouth of the Kansas River may have further injured a some- 
what unreliable memory, I quote : 

1 am just as strong as ever in the belief that the court has no jurisdic- 
tion concerning the recognition of either House. However, if it comes to 
a question of right and expediency, it may be best to recognize the Douglass 
House. I will not take the responsibility of telling the ?opui;st House to 
recognize the Douglass branch. If they want to do so, the}' will do ^t of 
their own accord. I have not yet decided what course I will pursue, but 1 
will act with the advice of the Populist caucus. 

You will notice, my dear Governor, that your judgment and 
your convictions were not in good working order on that day 
You did not acquiesce in the decision of the highest legal tri- 
bunal; you waited for the caucus to instruct your mind and con- 
science as to your official duty. You then and there wrote your- 
self down as the little creature of a little caucus of little men, and 
not the big Governor of a big State. One of your Assistant Gov- 
ernors, who is ambitious to be known as the Herr Most of Kan- 
sas, Mr. Clemens, a confidential adviser of your stormy reign, 
said : 

It is an outrage, that those two men may declare their own dictum to be 
the law for ail others in a whole great State, and they themselves responsi- 
ble to no one. Charles the First was beheaded for less than that. They 
may cut my head off but 111 never yield. I could die to be free, but I'll 
never give it up. 

Among the representative men of the Dunsmore House sen- 
timents were expressed similar to these we have quoted from the 
senators. Take, for instance, the following from Mr. Dunsmore. 
speaker and leader of the " rump" House. He says: 

We recognize the junsdrction of no court or tribunal except the Senate 



62 LE TTE RS TO GOl A' RNOR L E WEL L INC. 

and executive, and will submit to their wishes only. The fight has but just 
begun. Our appeal will be to the people, and the campaign will be opened 
at once. 

Your Secretary of State offered a good deal of advice at the 
time, urging that the duty of the Populist members was to go 
home and not recognize the Douglass House. He also said: 

The daity papers have suppressed the facts, and on^ printed what was 
favorable to the corporations ; but that will be changed. 

This decision of this partisan Supreme Court has given me more power 
than I want ; they have said that I can make the next legislature by simply 
issuing certificates to whom I please. I don't like so much power, but the 
people will have a say in this matter. 

Representative Daugherty, of Geary County, said; "I will 
abide by the decision, but d — n the decision!" and this expression 
was probably the general sentiment of a large majority of the 
Populists in the House and Senate. The reproof administered to 
the Supreme Court by United States Senator Peffer was very 
mild. He expressed regret that the court had not " seen its way 
clearly to decline to take jurisdiction." No tears. The other 
Populist United States senator from Kansas, Hon. John Martin, 
although he had expressed himself to more than a dozen promi- 
nent citizens before going to Washington, including the Gov- 
ernor and Chief Justice, that the Douglass House was beyond all 
question the legal House, had an opinion telegraphed, from which 
we take the following bit of political demagogy unworthy a 
United States senator: 

I am not at all astonished at the finding of the Supreme Court — not that 
I believe the decision correct, for, on the contrary, I believe it to be radically 
wrong. In my judgment, the opinion delivered by Judge Allen is clearly the 
law in the case, and it is substantially sustained by decisions of the Supreme 
Courts of Indiana and Ohio, and in many similar cases. But, unfortunately, 
the Supreme Court judges are men with like infirmities with other people, 
and when political questions are involved their decisions in nine cases out 
often are made to meet the demands of political conditions, instead of 
being a clean-cut and fair exposition of the law of the case. 

You see, my dear Governor, we are pasting bits of history 
together at this time that will be useful hereafter. You and your 
party will want to get away from this record after the people have 
had time to take a good look at it and to realize which way your 
crew was heading the ship of state. You don't want law, unless 
it suits you; you don't want courts, unless their decisions are in 
favor of Populistic interpretations of the law aud the Constitution ; 
and, above all, you don't want the majority to rule, unless you 
are the majoritv. I see that your "General" Artz, whose battles 



LETTERS TO GOVERNOR LEWELLING, 63 

prior to the receut war were fought in a Colorado court against 
disbarment for perjury has been giving out the administration 
war policy. When I remember the hasty exit of your war secre- 
tary from our neighboring State, and his rapid promotion after a 
few months' residence in Kansas, I am reminded of the aged, 
moss-covered story of the boy who urged his father to come 
west: "Come west, dad; d — d mean men get office out here." 
We take the following from the General's interview : 

Men are drilling all over Kansas to-day. Not with guns, — they haven't 
got them yet, — but they are being drilled in the facings and marching, and 
they will be drilled with the guns when they are ready for them. The law 
does not prevent the organization of an unlimited number of military com- 
panies, who can arm themselves independent of the State, and this is being 
done to-day ; the people are in earnest. 

My dear Governor, this would be a good day for you to shut 
off the stream of place-hunters, advisers, fixers, and revolutionary 
idiots, and retire to some quiet place where }^ou can take a large 
think all by yourself. Don't you see that the law-abiding, peace- 
loving citizens of Kansas have no occasion to go into military 
companies and be armed and drilled? What w T ill they do this for? 
In what county is there necessity for armed men? What does 
this fellow Artz mean by this sort of inflammatory nonsense about 
"the people'' being in earnest? Who are "the people"? Does he 
speak for the 150,000 Republicans? does he speak for the 50,000 
Democrats? or has he even authority to talk that sort of treason- 
able rot for the 110,000 Populist voters? This kind of villain- 
ous talk is quoted all over the country to show that property and 
life are not safe in Kansas. I believe, Governor, that if you suc- 
ceed in hj-.ving a private interview with yourself, you will see the 
importance of asking the Governor of Colorado to send a requi- 
sition for Artz. 

There is another subject I want to talk a little to you about 
this morning, Governor, that seems to me to be important 
to all the people, except possibly the lirge number of loafers 
who attach themselves to the successful party for the same reason 
that there are camp-followers. What this and every other Western 
State needs to make it prosperous is a constant increase in popu- 
lation, and development of resources by incoming capital. Kan- 
sas has unlimited salt beds, lead deposits, coal fields, water 
power, and only a part of her rich soil is producing crops. Let 
us turn from revolution and the drilling of men to building up 
the business interests of the State. Let us make the Kansas 



64 LETTERS TO GOVERNOR LEVELLING. 

exhibit at the World's Fair the starting point. We want home- 
seekers to come to our State, bringing with them capital to assist 
in the work of making a great and prosperous State. Many of 
us have been here for more than thirty years, and this must 
always be home to us. The government of the State is not for 
the office-holders, but for the mass of the people, who pay the 
taxes, and they ask for such a condition of peace and good order 
that the tens of thousands of Eastern people seeking homes will 
not be frightened away from Kansas because of the contention 
going on in our midst. The State is denied capital to-day because 
of the unsettled condition of our politics. Men refuse to send 
their money here to develop enterprises necessary to give life and 
vigor to every community, because political war and crankism 
'and anarchy and openly expressed defiance of the courts menace 
all investment, and as long as these conditions exist times will 
grow more stringent and property go down in value. There is 
not a bank or loan company in the State, doing business with 
outside capitalists, that has not had dozens of letters refusing to 
place money in Kansas for two years past, or demanding a return 
as soon as possible of all they have invested in this State. This 
is no exaggeration. It means wreck and ruin to thousands of 
people who are in debt. The way out is not by fiat money or any 
other legislative schemes urged by bankrupt politicians or exper- 
imental economists. The way out is by developing the State, 
increasing our population and wealth, raising the standard of 
our credit, and increasing the demand for our lands and lots at 
improved legitimate values. This is the real statesmanship 
demanded in Kansas to-day. It is to these higher, broader, and 
better considerations I wish to call your attention, Governor Lew- 
elling. You are the head of the State. People and capital are 
moving out. You can help, more than any other man, to stop 
this movement and turn the tide towards Kansas and give to this 
grand State, so rich in splendid possibilities, new life. To do 
this we must get rid of the political charlatans who want to help 
the State by pulling it to pieces. 

Your party is one of demolition and revenge upon all who 
have not taken the mystic oath. You belong to an organization 
built upon the prejudice of one class of citizens against another. 
It can only live upon keeping alive this hostility and continuing 
a war upon all interests not recognized in your membership. It 
was born behind locked doors and darkened windows. It ought 



LETTERS TO GOVERNOR LE WELLING. 65 

not to live, because it is not American and it is not republican. 
For three years these doctrines have been preached in Kansas, and 
as a result we see men to-day ready to defy the courts, sneer at 
their decisions, and openly avow their treason, who three years 
ago could not have done so. To-day the business interests of the 
State are prostrated because of threatened legislation against 
capital. The opening of the Cherokee Strip will take thousands 
from our State. Our name in the East and all over the West is a 
reproach. You, sir, at the head of the State for two years, can- 
not go on as you have begun, without spreading ruin and disas- 
ter beyond present computation. You have it in your power to 
serve your adopted State with great honor, if you are large 
enough to guide the turbulent elements of your party and send 
the wreckers to the rear. What Kansas needs to-day is not mili- 
tary organizations to fight her own citizens, not agitators exag- 
gerating the calamities of our people, not the medicine of 
cheap political quacks who promise prosperity by legislation, but 
honest effort to pay debts with honest money, the advertisement 
of our advantages as a State, and, once more, unitedly as one 
people, going forward and by our own confidence in our State 
building up the same sentiment abroad. This is the way out for 
an intelligent, independent, and industrious people. 

My dear Governor, drop "jingo" politics and give the State a 
business administration, and in doing so make a place of high 
honor for yourself. 



66 LETTERS TO GOVERNOR LEWELLING. 



TO GOVERNOR LEWELLING. 

Letter No. 14. 

Topeka, Kas., March 12, 1893. 
My dear Governor: It is with more than ordinary pleasure 
that I congratulate you and the State upon the close of the legis- 
lative session that has brought so much grief to your party and 
such infinite harm to Kansas. You have made a record that, 
unfortunately, cannot die. The melancholy hours of retrospec- 
tion have come, the saddest (to the bombastes furioso'm politics) 
of all the year. As we sit here, this bright, sunny morning, 
turning over the pages of recent history, how boldly accusing 
the many blunders of your brief politico-military reign stand 
out from among your weak attempts to be a leader and the 
founder of a new revolution. How distinct in this look back- 
ward are the acts of statesmanship you failed to perform, the 
sentiments of patriotism you forgot to utter, and the just rebuke 
of lawlessness that died in your soul before it was born. In the 
minds of men who wear the purple of power, the poignant regrets 
for opportunities lost, for bad advice followed, and! for inherent 
weakness displayed when strength was most needed, outweigh 
all the glory and blandishments of place. You remember that 
in your inaugural address delivered just before you took the 
solemn oath of your high office on January 9th, an address that 
sugar-coated the deep-seated principles of anarchy which lie 
at the base of your party, you stated, in referring to the victory 
that elevated you, "that conscience is in the saddle." What, my 
dear Governor, has become of that horse and rider? Conscience 
never tried to ride that sort of a bronco before, and it was 
thrown in less than twenty-four hours. You also stated, in that 
remarkable appeal to the imagination of your party, that 

The grandeur of civilization shall be emphasized by the dawn of a new 
era, in which the people shall reign. And, if found necessary, they will 
expand the powers of the government to solve the enigmas of the times. 
The people are greater than the law and the statutes, and when a nation sets 
its heart on doing a great and good thing it can find a legal way to do it. 
The old may for a time stand in the way of the new, but the old must yield. 

* * The lines may waver, but victory is to the new and the true. * * 
The vState is greater than party, but the citizen is greater than the State. 



LETTERS TO GOVERNOR LE WELLING. 67 

In your peroration, Governor, you tell of a dream you have 
had of the future, in which you "behold the abolition of poverty." 
These sentiments, which were kindly loaned you by Mr. Bellamy, 
belong to the vealy utterances that roused enthusiasm at the 
Populist picnics and form a large part of the unsubstantial struct- 
ure of your moonshine politics. By the unthinking these gush- 
ing platitudes are accepted as the wise axioms of the "new way." 
The whole structure is based upon the false theory that the peo- 
ple do not rule this republic. They do rule ; and wherever they do 
not, it is their fault, and not the fault of our form of government. 
The other false political principle you enunciate is that the 
people are greater than the law and greater than the State. My 
dear Governor, the people — not "my people," not the "plain 
people," but ai,i, the people — are the State, and as loyal citizens 
it is due from them that they at all times be ready to sacrifice 
property and life -for the State's defense and preservation. This 
is the true relation of the citizen to the State. The laws are the 
crystallization of the principles of justice and equity to protect 
the rights and interests of all, from the humblest to the highest, . 
placed upon the statute-books by the will of the people, and, until 
repealed, must command your respect and obedience, or the 
foundation of this republican form of government is gone. This 
lack of the proper interpretation of the sanctity of law forms the 
basis of Communism, Socialism, and Anarchy, the disciples of 
which have flocked to your new party, hoping that the revolution 
you and your leaders have advocated would bring paternalism, 
and thus the freedom absolving them from the duties and respon- 
sibilities of citizenship. But, my dear sir, your position on the 
9th of January on this important pivotal question of the citizen's 
attitude towards established law was not a new one. On the 5th 
day of last October, at Holton, Kas., in a speech during your can- 
vass for Governor, you said: 

When any people is confronted by the state of affairs which now exists in 
America, there are but two ways in which they can free themselves. They 
may do it peacefully, by means of the ballot-box, or they may rise in their 
might and overthrow the whole by force of arms. If one method fails, the 
other must be resorted to. But the first method need not fail. Let the peo- 
ple act unitedly for their common salvation, and the thing is done. Other- 
wise anarchy must come. 

My dear Governor, as we look back over the past sixty days 
and note the temper and sentiments and intent of your various 
proclamations, this same spirit of defiance to law and determina- 



68 LETTERS TO GOVERNOR LEWELLING. 

tion to overthrow legal opposition by force of arms is apparent. 
You did not, you will remember, decide whether you would obey 
the mandate of the Supreme Court or not until your caucus 
decided for you what your duty was to your oath and to the peo- 
ple of Kansas. Fortunately, you did not have the courage to 
carry out the wish and will of your party leaders, and Kansas 
was saved the disgrace of a bloody riot. It must not be forgotten 
that your utterances are no more treasonable than those of the 
members of your party. 

Jerry Simpson, the idolized clown of 3-our aggregation, said 
from his seat in Congress, April 15, 1892: 

Private property in land is doomed. Property in land is as indefensible 
as property in man. 

Judge Doster, your First Assistant Governor, said in a speech 
last year: 

We have got to give up the individual competitive system. It is coming, 
and the gates of hell cannot prevail against it. The antagonism must logic- 
ally continue to grow ever more intense and irreconcilable, until the work- 
ers who will then include the entire people, shall own the entire capital, 
and private ownership of the means of production shall have ceased. 

Hon. John G. Otis, of this city, who is one of the ablest and 
most thoroughly conscientious men in your party, elected as your 
congressman for the two years just expired, said in Topeka. 
August 20, 1892 : 

Great wrongs have been perpetrated by plutocracy against the people. 
They will be righted soon by the ballot or by the bullet. Unless the govern- 
ment takes hold and the people rule, nothing can avert a war in this coun- 
try more terrible than the world has ever known. 

Senator William A. Peffer, elected United States senator from 
Kansas for six years in January, 1891, said in a speech at Wichita, 
September 15, 1891: 

I told the people of Massachusetts and Pennsylvania that they had 
fastened on our homes an indebtedness which, unless there is a change in 
our financial system, we can never pay. .We can't pay without money. We 
want money ! and we mean to turn our tongues into bludgeons, our plows 
into muskets, and our ballots into bullets. I told them we were not repudi- 
ators, but that we niust have money from the government to pay our debts. 

As you know I could quote a volume of similar treasonable 
utterances from the leaders of your party if desired. What I 
offer in evidence above is to show that you are all imbued with 
the same revolutionary spirit. You are no worse than your 
party, Governor, and, unfortunately for the State, vou are no 
better. The lowest prejudices of the human heart have been 
appealed to and every device of language used to fire the hearts 



LETTERS TO COVERXOR LEWELLINC. 69 

of farmers and laboring men against men of other professions. 
Your party has been built upon class prejudice, by exaggerating 
conditions and misfortunes, and arousing intense and bitter 
hostility to the party that has been in power in this State unin- 
terruptedly for thirty years. These teachings culminated in the 
effort of the minority, backed by you and your power and that of 
the Senate, to control the lower House, The disgraceful scenes 
of the week ending February 18th, in which you undertook to 
use the military power to support the usurpation of your party, 
were but the logical sequences of your teachings. Later on, the 
long hours of heated discussion in caucus as to whether or not 
the decision of the Supreme Court should be respected, the 
willingness of the Populist majority of the Senate to join a 
rebellion against the court, and your own lack of patriotism and 
courage to express an opinion without the consent of the caucus, 
were most humiliating examples to Kansas of the growth and 
influence of your anarchistic teachings. 

And now, my dear Governor, as we look back over the past 
three years, and more particularly as we examine closely the past 
two months of history here at the capital, and remember the 
large promises in your platforms and speeches, we ask: What 
is there in the record to commend your party to the confi- 
dence of the people? What have the members of Congress done 
but to make themselves ridiculous before the country by intro- 
ducing bills that never reached serious consideration even by a 
committee? Here in Kansas, what has the Populist party done 
in three years, for the school districts, for the counties, for the 
State, or for the homes of the people? In what way have you 
given one man or woman more labor or better pay, where have 
you lessened taxes, reduced expenses, created a new enterprise, 
or drawn a single new home-seeker to the State? Have you 
reduced the rate of interest or made it easier for a man to pay a 
mortgage? In what way has the Populist party since it was born 
added to the growth and prosperity of the State or the happiness 
of the people? What improvement in morals, what assistance in 
education or benevolence, has your party afforded? On the other 
hand, with this political craze you have brought unrest, dissatis- 
faction, and the hostility and rancor of embittered prejudices 
between neighbors and friends. You have raised false expecta- 
tions as to financial relief by legislation, prevented hundreds of 
thousands of dollars from coming to Kansas, caused capitalists to 



70 LETTERS TO GOVERNOR LE WELLING. 

demand the immediate payment of immense sums of money due 
and coming due on mortgages, stopped the development of the 
State, and paralyzed business that should be more prosperous here 
than in any other State in the Union because of our great crops. 
Your party, by its dismal wails of calamity, has kept thousands 
of home-seekers away from our State ; but, more than all this, 
you have sown broadcast the seeds of disloyalty to the laws, a 
contempt for the courts, and an unsound idea of citizenship. 
Here, in the record of your party in the Legislature, it is shown 
that you have whittled down the salaries of laboring men in the 
public institutions and have stood ready to cripple the public 
service while seeking to create new offices with which to satisfy 
an army of place-hunters. You have cried aloud against the 
corruption of the Republican party that has administered the 
affairs of the State with ability and fidelity to the people's inter- 
ests. In an administration only sixty days old you have brought 
more disgrace upon the good name of the State, and greater 
scandals regarding "boodling" corruption, than the State has 
known since it was born, the first child of the first Republican 
administration in 1861. 

My dear Governor, look over the indictment and tell the world 
why your party should live. Your party of 100,000 voters came 
into power by the aid of 60,000 Democratic votes. Over 150,000 
Republican voters placed their protest against your fiat principles 
and your misrepresentation of Kansas. Without Democratic 
help, my dear sir, you and all the other Populist State officers 
would, in company with a large majority of the members your 
party elected to the Senate and House, be still holding secret 
meetings to denounce the white slavery of farmers of Kansas 
and the awful corruption of the old parties. The record of your 
maladministration is before the world. The broken pledges of 
your party to the people can not be covered up. We go to the 
voters of Kansas for their verdict. I believe they will say to you, 
my [dear Governor, in tones that will arouse even your self- 
complacency, that 64 is greater than 58, and that treason in Kansas 
is as dangerous in 1893 as it was in South Carolina in 1861. 

My dear Governor, did you hear the great Republican shout 
that went up from the representatives of the law-and-order party 
all day and until nearly midnight on Friday? Did these earnest, 
patriotic speeches, representing the fire and vigor and principles 
of Republicanism, reach the executive chamber ? The Republi- 



LETTERS TO GOVERNOR LEWELL1XC. 71 

can League delegates, fresh from the people, came here, to assure 
the gallant Republicans of the Senate and House that their 
splendid fight for constitutional principles and the supremacy 
of law was appreciated by a grateful people. Your party stands 
challenged to meet Republican soldiers in the valleys and on the 
prairies to discuss the failures and treason of Populism. The 
case is made up. It now goes to the jury — the people. Repub. 
licans may be proud of the record of their senators and repre- 
sentatives. The issues of the campaign of 1893 and 1894 are 
plain and distinct, and I believe the verdict will be an endorse- 
ment of that loyalty to State and country, that defense of law 
and order, characteristic of the intelligence and patriotism of 
the people of Kansas. 

My dear Governor, I have endeavored to faithfully chronicle 
the progress and results of your young administration. I have 
given the revolutionary features of your party close and accurate 
observation during the past three years. As Senator Jumper, 
the Duncan of Pumpkin of this Legislature, has remarked with 
much vernal insistency, " the time has come for us farmers to 
sow our oats," and much as I regret to close this correspondence, 
which has been a source of great pleasure to me -and no doubt 
of unusual profit to you, I must with this letter say good-bye. I 
hope that when you have repaired the fortifications surrounding 
the State-House, and secured a new spinal column for your new 
administration, and feel that you can trust General Artz in his 
gorgeous new uniform with the care of the Gatling gun, you will 
come out to Highland Park and have a good country dinner with 
me. I promise you no questions shall be asked about your next 
military campaign, nor of the relation of Close and Little to Pete 
Kline. If the Legislature had not, amid the plaudits of the mul- 
titude, written sine die over its tombstone last night, I should, 
with that freedom which may be assumed by an old friend, have 
urged you to create a new office — namely, Keeper of the Admin- 
istration Conscience ; and then I know you would have pardoned 
me for asking the first and possibly the only favor of your Duke- 
ship, the appointment to this newly created office of that great 
and good Populist who exposed the villainies of the old Repub- 
lican party last year in his masterful manner. You no doubt 
guess the name of the patriot I refer to for this responsible office 
— tke Hon, James F, Legate. You can almost hear the shouts of 
the multitude in the forum saying : "How just ! how appropri- 



72 LETTERS TO GOVERNOR LE WELLING. 

ate! Long live Citizen Legate! All hail to the Dnke of Iowa, 
Lewelling I. of Kansas!" Don't wait for a further and more 
formal invitation, but come out, Governor, and we will throw 
aside the responsibilities of state and go down to the classic 
Wakarusa, and, while waiting for a nibble from the shy and 
reluctant catfish, talk over, as great men do at such times, the 
difficulties we both have in directing an unregenerate and kick- 
ing world. 




Not Sockless. 



LETTERS TO GOVERNOR LE WELLING 



BRIEF CHRONOLOGICAL HISTORY 



KANSAS LEGISLATURE OF 1893. 

Monday, January 9. — Loraine D. Lewelling inaugurated Gov- 
ernor.- Representative Hall finely decorated. Jno. W. Breiden- 
thal, chairman of People's party State Committee, presided at 
inaugural ceremonies. Retiring Governor L. U. Humphrey 
delivered a short and eloquent address, closing by introducing 
"my honored and worthy successor." After the inaugural 
address of Governor Lewelling, the oath of office was adminis- 
tered by Chief Justice Horton. Percy Daniels," of Crawford 
County, was sworn in as Lieutenant-Governor; Stephen H. 
Allen, of Linn County, as Associate Justice of Supreme Court ; 
R S. Osborn, of Rooks County, as Secretary of State; Van B. 
Prather, of Crawford County, as Auditor; W. H. Biddle, of Butler 
County, as Treasurer; Jno. T. Little, of Johnson County, as Attor- 
ney-General ; H. N.Gaines, of Saline County, as Superintendent 
of Public Instruction. 

At 7:30 p.m. an immense audience met in Representative Hall 
to hold a People's party love-feast. Speeches were made by Mrs. 
Lease, Jerry Simpson, Rev. Todd, Mrs. Diggs, Judge Doster, 
Associate Justice Allen, and G. C. Clemens. 

Caucus of Republican members was held. For Speaker, 
Douglass received 31 votes, Hoch 26, Cubbison 4. Mr. Douglass 
was declared the nominee. Frank L. Brown was nominated for 
chief clerk, C. C. Clevenger for sergeant-at-arms. 

The three Democrats of the House, Chambers, Meagher, and 
Rosenthal, decide not to go into either Republican or Populist 
caucuses. 

Tuesday, January 10. — At 10 o'clock the Republican members 
of the House, 63 in number, headed by Hon. J. M. Simpson, 
chairmain of the Republican State Central Committee, entered 
Representative Hall. The Democratic members, Meagher, Cham- 
bers, and Rosenthal, were present, but not acting with either 
side. Mr. Stubbs, who was wrongly counted in, was present, but 
did. not participate in the proceedings. The Populist members 
were all in the hall by 12:30. Hall, galleries, and all available 
space crowded by citizens from all over Kansas. 

At 12:40 Secretary of State Osborn appeared with the roll of 
members. He called the members to order and stated that the 
law made it his duty to lay before the House of Representatives 
a list of members as ascertained from the Secretary's office, and 
that he had no right to assume the authority of a presiding 
officer, and that he would not so act except by unanimous con- 
sent. Mr. |Douglass, Republican caucus nominee for Speaker, 



74 LETTERS TO GOVERNOR LEWELL1NG. 

objected to the Secretary of State acting as a presiding officer 
Mr. Dunsmore, who had [been nominated for Speaker by the 
Populists, claimed that the Secretary of State had the right to 
act as a presiding officer until it was determined who composed 
the constitutional majority. After some discussion by both 
parties, the Republicans occupying the south side and the Pop- 
ulists the north side of the Hall of Representatives, Secretary of 
State Osborn stated that he was in the hall in the ministerial 
capacity of Secretary of State, to lay the roll before the House, 
and when he was assured that the House had a presiding officer 
to receive the roll, he would present it. At the close of this state- 
ment Mr. Osborn left the hall. Mr. Semple, Populist, walked 
hurriedly up to the Speaker's desk and took possession oi the 
gavel. Mr. Douglass moved that Mr. Cubbison act as temporary 
Speaker. The motion was carried with a rush, and Mr. Cubbison 
was at the side of Mr. Semple within a moment after he had 
grasped the ' gavel. Calling the House to order, without an 
instant's delay the Republicans made Major Remington tempo- 
rary chief clerk, and C. C. Clevenger was elected sergeant-at- 
arms. The rules of the last House were adopted, and Represent- 
ative Warner furnished a certified roll of the members from the 
Secretary of State's office, from which the temporary clerk pro- 
ceeded, amidst great noise and confusion, to call the roll. All 
this was done so quickly as to momentarily daze the Populists, 
who had expected to control the organization through the Sec- 
retary of State. Members were sworn in and Geo. L. Douglass 
elected Speaker, while the Populists formed a temporary organ- 
ization by electing aV. H. Ryan temporary Speaker and A. H. 
Lupfer temporary chief clerk. Secretary of State Osborn ap- 
peared and gave the roll to Mr. Ryan. The Populists pro- 
ceeded to elect Mr. J. M. Dunsmore permanent Speaker, Ben 
C. Rich chief clerk, and Leroy F. Dick sergeant-at-arms. Both 
Speakers occupied the same desk, and two sets of officers were 
doing duty as clerk and assistant. Amidst the greatest confusion 
and uproar, the roll of Secretary of State Osborn was changed 
by Ben C. Rich upon the order of Speaker Dunsmore. Mr. Rich 
dropped the ten Republican certificated members from the roll 
and substituted the ten Populists who contested their seats. 
This action was prior to the first roll-call, before the organiza- 
tion was perfected, and these ten citizens, without evidence of 
election, took the oath and acted as bona fide members up to the 
time the Supreme Court decided the Douglass House to be the 
legal House. Committees were sent to the Governor from both 
bodies, announcing the organization of the House. 

From the beginning the Populists had but 58 certificated 
members as shown by the roll of the Populist Secretary of State, 
and the Republicans had 63, there being also 1 Independent and 
3 Democrats, making in all 125 constitutional members of the 
House. After the organization of both Houses in this manner, 
little business was attempted, except the notification of the Sen- 
ate by the Populists that the House was organized and ready for 



LETTERS TO GOFER AOR LEJVELLIXG. 75 

business. The two Houses remained in session all night, the 
officers remaining at their posts. While the excitement ^ was 
intense and great earnestness was manifested on both sides, 
there was no violence, and good humor prevailed throughout the 
night. Both sides were fed by friends, sandwiches, pies, and 
coffee being provided. 

The Senate, Lieutenant-Governor Daniels presiding, com- 
posed of 25 Populists and 15 Republicans, was organized by 
electing Populists to every subordinate position. Senator King, 
of Cowley County, was elected President pro tern. 

Wednesday, January ■ 11. — A Conference Committee was agreed 
upon, consisting of the following: Republicans, Chairman 
J. M. Simpson, of the State Committee, Eugene F. Ware, 
Cyrus Lefand, J. R. Burton, and Col. R. W. Blue; Democrats, 
Chairman W. C. Jones, Tully Scott, John Hannon, J. W. Orr, and 
Fred Bentley; Populists, Chairman Breidenthal, of the State 
Committee, Jerry Simpson, JudgeDoster, and Col. W. A. Harris? 
This committee remained in session until late Thursday night, 
trying to arrive at a satisfactory basis of settlement of the legis- 
lative differences, but without reaching any mutual conclusion. 
A committee of prominent members of both sides, aided by 
prominent leaders, held a meeting during the day and agreed 
upon terms for a recess of both Houses, the terms being that 
the situation should remain unchanged, both sides to be allowed 
to take their places on the following day without opposition. At 
2 o'clock p. M. motions were made and carried on each side for a 
recess until 9 a. m. Thursday. The members had been in the hall 
for twenty-six hours. Efforts continued during the day for a 
solution of the problem. A committee of citizens, consisting of 
Senator Perkins, ex-Governor Humphrey, Col. D. R. Anthony, 
General Bradford, ex-State Senator Schilling, and Major J. K. 
Hudson,waited upon the Governor to urge him to use his influence 
to bring about the settlement of the differences. An address 
detailing the facts of the organization of the House was presented 
to the Governor, signed by the sixty-four Republican members 
constituting the Douglass House. It was shown clearly that the 
Populist or Dunsmore House had but fifty-eight legal members, 
and that sixty-four certificated members organized the Douglass 
House which entitled it to recognition as the legal House. The 
Senate refused to recognize the chief clerks of both Houses. 

Thursday > January 12. — The three Democratic members of 
the R<5use, Meagher, Rosenthal, and Chambers, addressed Speaker 
Douglass and gave their reasons for recognizing him as the 
Speaker of the legal House amidst cheers of Republicans. Gov- 
ernor Lewelling addressed a message to "J. M. Dunsmore, 
Speaker of the House of Representatives," thus formally recog- 
nizing the minority of fifty-eight as the legal House, amidst 
great cheering from the Populists. In the Senate the Populists, 
on motion of Householder, endeavored to drop the investigation 
of the organization of the House, which had been begun by a 
committee of nine senators. 



76 LETTERS TO GOVERNOR LE WELLING. 

Friday, January 13. — Governor Lewelling asked for a con- 
ference with a committee of Republican members, consisting 
of Hoch, Cubbison, I,obdell, Atherton, Seaton, and Remington, 
which conference was without result. Jerry Simpson, who was 
on the floor of the House, said to Chairman Jones, of the Demo- 
cratic State Committee, " We want nothing more to do with your 
crowd," to which Col. Jones replied, " We are quite ready to quit 
you." The Dunsmore House was recognized in the morning 
session by the Senate, after a heated discussion and against the 
protests of Republicans. Senator Taylor, Populist, of Wyan- 
dotte, and Senator O'Bryan, Democrat, of Wichita, also made pro- 
tests against the recognition of the minority House. Great 
mass-meeting at the Grand Opera House to protest against the 
revolutionary methods of the Populists, which was addressed by 
David Overmeyer, W. H. Rossington, Douglass, Cubbison, A. A. 
Harris, Joseph L,owe, Joe Ady, and Col. D. R. Anthony. Popu- 
lists held a mass-meeting addressed by Legate, Artz, Clemens, 
Judge Allen, and others, in defense of the Populist House. Re- 
publican, Populist, and Democratic Conference Committees, after 
a session of fourteen hours, failed to agree upon a plan of com- 
. promise or settlement. 

Saturday, January 14. — Rumors were current that, owing to 
the recognition of the Dunsmore House by the Governor and 
the Senate, an effort wouldrbe made by the Populists to forcibly 
eject Speaker Douglass and officers of the legal House. Shortly 
after both Houses had convened, Speaker Douglass rose and said : 
Gentlemen of the House: Allow yourselves no uneasiness. The Almighty 
has wisely reserved the powers of creation to himself alone. All the powers 
on earth — senates and governors included — cannot make sixty-three men 
out of fifty-eight [cheers]; and in every free representative body in the 
world the majority governs. [Renewed cheering.] The principle of self- 
government is on trial in Kansas to-day as it was once years ago. But it 
triumphed then and it will triumph now. [I,oud applause.] The friends of 
the Constitution and the laws will soon stand as one man in Kansas, regard- 
less of parties The constitutional House of Representatives, with sixty- 
seven lawful members, is here and ready for business ; and here it will 
remain, unterrified and unawed.. [Great applause.] What is the further 
pleasure of the House ? 

To this Mr. Dunsmore made a spirited reply, closing by saying: 
We will find strictly lawful methods to accomplish our ends. I earn- 
estly pray that before reassembling some scheme may be devised by which 
our troubles may be settled. 

Mr. Cobun, Populist, of Barton County, moved that the House 
adjourn until 4 P. M., at which time both Houses should come 
together in secret session, free from all outside influence, and 
endeavor to settle the differences. This proposition was agreed 
to, and the two Houses met in conference, but failed to reach an 
amicable settlement. The Republican members issued an 
address to the people of the State, fully and clearly setting forth 
the position and claims of the legal majority. The Senate 
adopted a concurrent resolution, which formally recognized the 
Dunsmore House. 

Monday, January 16. — The two Houses met at 4 p. m. Com- 
mittees appointed by both Houses to coufer, consisting of 



LETTERS TO GOVERNOR LE WE LUNG. 77 

Warner, Seaton, and Troutman, Republicans, and Cobun, Camp- 
bell, and Ryan, Populists. At 5:20 the meeting adjourned to 8 
p. m., to await the report of the committee. Republicans held 
caucus on State printer, and nominated Geo. W. Crane. In the 
Populist caucus Mr. Edwin H. Snow received the nomination. 
Governor Lewelling, in an interview, defended the Dunsmore 
organizationr-- 

Tuesday, January 17. — The joint committee of the two Houses 
reported that, after a long and dispassionate discussion of the 
situation, they had failed to agree upon a method of settlement. 
Populists failed to meet to vote on a State printer. The Repub- 
licans met in joint session and cast 79 votes for Geo. W. Crane. 
In the Senate the Governor's message was received. Populist 
Chaplain Todd, of the House, thanked God that there was a 
stalwart Spartan band ready to do its duty, and implored the 
Almighty to give the other side that breadth of vision and charity 
for others that would enable them to see and do the right. 

Wednesday, January 18. — Governor Lewelling issued an 
address showing the Populist side of the questions involved in 
the organization of the Dunsmore House, to which the Repub- 
licans, through Speaker Douglass and »Speaker pro tern. Hoch, 
replied. Republicans again ballot, for State printer, Geo. W. 
Crane receiving 79 votes. Senatorial Caucus held by Republicans 
resulting in Perkins 32, Ady 30, Lucien Baker II. In the Senate, 
committees were announced by President Daniel?. Republicans, 
disclosed the fact that the law had not been complied with by 
the Populists in their contest cases against Republicans. The 
double House continues to do business without change. 

Thursday, January 19. — In the Republican senatorial caucus 
no vote was taken. No change in the position of the two 
Houses. Both, by agreement, take a recess from day to 
day, awaiting some compromise or a settlement of the questions 
in the Supreme Court. No change in vote for State printer. 
The Senate again discusses the contest cases. Senator Leedy 
introduces a bill abolishing the Supreme Court Commissioners. 
In their stead he divides the State into five districts, and sug- 
gests an appellate judge for each district. 

Friday, January 20. — Senator Perkins returned to Washing- 
ton. Populist House unseated seven Republicans, which, how- 
ever, has no effect on the legal House. No change in the position 
of the two Houses. Vote on State piinter remains the same. The 
Populist majority of the Senate determine to go on with contest 
cases against Republican members, regardless of the fact that 
the law was not complied with. 

Saturday, January 2 J. — Mrs. Lease spent the greater part of 
the day canvassing members against Judge John Martin for the 
Senate. Populists introduced a large number of bills in the 
Dunsmore House. Short session by the Douglass House, adjourn- 
ing until Monday at 4 p. M. Populists adjourned till 2 P. M. Mon- 
day. In the Senate the Populists take the position that no 
minority reports should appear in the journal, except by consent 



78 LETTERS TO GOVERNOR LE WELLING. 

of the Senate, which means that Republicans will not be per- 
mitted to print, in protests and minority reports, the character 
of the Legislation that passes through Populist committees, or 
that may be passed by the Populist majority of the Senate. 
Adjourned until 2 P. M. Monday. Governor Lewelling issues 
another proclamation through the Kansas City Mail. 

Monday, January 23. — Republican caucus for United States 
senator resulted in the nomination of Hon. J. W. Ady. Populist 
caucus took nine ballots without nominating a candidate. 
Mitchell of Reno, a Populist, who was defeated by Mr. Dix, 
became convinced that it was his duty to take a seat he was not 
elected to. Populists unseat Harry Richter of Morris and Mr. 
Elting of Ness. The Senate provides each member with a clerk. 
No change in the situation in the House or in the vote for State 
printer.* 

Tuesday, January 24. — -Joseph W. Ady, Republican, receives 
77 votes in both Houses for United States senator, and 
B. W. Perkins 1. Populists vote as follows : Frank Doster 
24, John Martin 15, John \V. Breidenthal 25, M. W. Cobun 11, 
J. D. McCleverty 2, S. S. King 4. Democrats vote as follows : J. 
D. McCleverty 2, Ed. O'Bryan 2, B. P. Waggener 1. Republicans 
hold another caucus on State printer, and nominate J. K. Hudson, 
and decide to vote in joint convention on to-morrow for J. W. 
Ady for United States senator. Populists held a caucus for 
United States senator, the fourteenth ballot resulting in the 
nomination of John Martin by the following vote : John Martin 
44, Frank Doster 43, A wrangle ensued over the result, and, 
after hearing speeches from both candidates, another ballot was 
had at 3 A. M., Martin receiving 49 votes and Doster 35. In the 
House the Republicans find, upon investigation, that the charges 
on which the Populists unseated seven Republican members 
were groundless. 

Wednesday, January 25. — Joint convention for election of 
United States senator assembled at 12 o'clock, presided over by 
the President of the Senate, who recognized the Dunsmore 
House. Judge Martin received 82 Populist votes (10 of which 
were from fiat members without certificates of election), 3 
Democratic and 1 Independent Republican, 86 in all. Seven 
Populists refused to vote for Martin because he was a Democrat. 
Seventy-seven Republican members holding certificates of 
election and two Democrats did not participate in the election. 
Judge Martin received 76 votes of members holding certificates 
of election. 

THE VOTE IN DETAIL. 

The senators who voted for John Martin were : Armstrong, 
Baldwin, Boiling, Cook, Dennison, Dillard, Dumbauld, Forney, 
Helm, Helmick, Householder, Jumper, King, Landis, Leeds, 
Leedy, O'Bryan, Reed, Reiley, Rodgers, Shearer, Smith, Taylor, 
True. 

The sixty-two members of the House who voted for Martin 
were: Barnes, Benefiel, Bone, Brown of Pratt, Brown of Grant 



LETTERS TO GOVERNOR LE WELLING. 79 

Burgard, Bucklin, Caster, Chappell, Clark, Cotmn, Daugherty, 
Dolan, Doubleday, Dunsmore, Everly, Garrison, Gest, Goodvin, 
Graham, Green, Gleason, Grissom, Helm, Hill, Howard of 
Doniphan, Howard of Shawnee, Helstrom, Humphrey, Kelly of 
Dickinson, Kenton, Kerr, Lupfer, McCliman, McKinnie, McCon- 
key, Mitchell, Morrison of Gray, Morrison of Labette, Morris, 
Moss, Newman, Noble, Pancake, Pritchard, Rosenthal, Rawson, 
Reploglie, Ryan, Semple, Sekavec, Shellabarger, Tren, Tucker, 
"Watson, Wagoner, White, Whittington, Wilson, Woodworth, 
Yearick. 

The Populists who voted for John Martin, and who did not 
hold certificates of election, are Morrison of Gray, Brown of 
Grant, Goodvin of Ness, Helstrom of McPherson, "White of 
Morris, Gleason of Greenwood, Shellabarger of Jackson, Howard 
of Doniphan, Howard of Shawnee, and Mitchell of Reno. 

Barnett of Jewell voted for Fred J. Close; McAleny of Wyan- 
dotte voted for Frank Doster; Rice of Coffey voted for W S. 
Hanna; Wright of Edwards voted for S. H. Snider; Campbell 
of Stafford voted forCobun; Ruble of Sedgwick voted for Cobun; 
and Senator S«nn voted for Cobun. After the vote of the 
Senate had been announced, and before that of the House had 
been declared, Senator Baker, from the Republican side, asked 
the privilege of voting as a legal member of the Legislature. 
President Daniels ruled that the vote was closed, and would not 
allow Senator Baker's name to be again called. Mr. Ben C. Rich, 
the Dunsmore clerk, then gave the result of the House vote, and 
President Daniels announced that John Martin, having received 
the majority of the votes of the joint assembly, is duly declared 
elected to the United States Senate. 

As soon as the Populist election was over, Senator Baker 
offered a resolution reciting the fact that the election of a United 
States Senator had been participated in by persons not legally 
members, and therefore moved that Geo. L. Douglass be elected 
President of the joint assembly, and that the legal members pro- 
ceed to elect a United States Senator. Senator Brown was 
elected secretary. Upon a call of the roll, seventy-seven certifi- 
cated members voted for Jos. W. Ady, being one more than was 
received by Judge Martin. There being no legal quorum present, 
the joint convention adjourned to meet again at 12 o'clock on 
Thursday. No change in the vote on State printer. Middle-of- 
the-road Populists very indignant over the election of a straight 
Democrat to the U. S. Senate. 

Thursday ) January 26. — Republicans meet in joint assembly; 
seventy-eight Republicans present, lacking three of a quorum ; it 
was resolved to forward a formal and emphatic protest against 
the election of Judge Martin as United States senator by the aid 
of an illegal House and with only seventy-six certificated mem- 
bers voting for him. Populist majority confirm S. W. Chase 
warden of the Penitentiary. 

Friday, January 27. — Gen. Weaver, late People's party candi- 
date for President, asked to address the House. E. H. Snow re- 



80 LETTERS TO GOVERNOR LEWELLING. 

elected State printer, eighty-three certificated members voting 
for him. The irregularity of the organization of the Dunsmore 
House which assisted in electing Mr. Snow casts doubt upon his 
election being strictly legal. Campbell, of Stafford, Populist, 
protested against the delays, and urges Populists to submit the 
questions to the courts. Populists in the Senate endeavor to 
keep resolutions that do not pass out of the journal, which would 
also prevent any expression of Republicans not satisfactory to 
the Populists from becoming part of the official record. 

Saturday, January 28, — No change in the attitude of the two 
Houses. The Populists are determined, if possible, to keep out 
of the courts. Speaker Dunsmore said: "There is no reason 
why we should go into the Supreme Court. Having been rec- 
ognized by the Governor and Senate, we are the legal House." 
This is the sentiment and position of the Populists regarding the 
differences between the two Houses. In the committee of con- 
ference of members Mr. Campbell said further discussion was 
useless. Col. Warner, Republican, then offered the following 
resolution : 

Resolved, That we make up a case by consent and take it to the Supreme 
Court, testing the legality of the respective Houses. 

The motion was lost. Ayes, Seaton, Troutman, and Warner; 
nays, Ryan, Campbell, and Cobun. The statement is signed by- 
Alexander Warner, John Seaton, and James Troutman. 

Monday, January 30. — Both Houses resume business as usual 
late in the afternoon. The feeling of unrest and dissatisfaction 
over the foolish attitude continues to grow more intense on both 
sides. Speaker Douglass made a spirited speech, reiterating the 
firm determination of the Republicans to stand for their consti- 
tutional rights. 

Tuesday, January 31.— The important event of the day in the 
House was the reading of the correspondence between Mr. Duns- 
more and Speaker Douglass, which presents the claims of each 
side. We give it in full : 

MR. DUNSMORE'S IvETTER. 

House of Representatives. Tanuary 30, 1893. 
Hon. Geo. L. Douglass. 

My dear Sir, — As, by the election of a United States senator and State 
printer, the political reasons for obstruction in the House of Representa- 
tives no longer exist, I can conceive of no justifiable excuse for youi» 
refusal to recognize the authority of the Executive, the Senate, and the 
House of Representatives as now constituted; as a goo'd lawyer, you are 
doubtless aware of the fact (if j^ou have taken the trouble to inform your- 
self in relation to the facts and have consulted the journals of the House) 
that the present status between the executive and the legislative depart- 
ments cannot be disturbed or annulled by the authority of any other 
tribunal, unless such tribunal should attempt to exercise a power not 
gran'tedby the Constitution and the law ; and that the only possible reason 
for continued obstruction now existing, either to your party or personal to 
yourself, is thehope that, by legal quibbling, the law's delay, and the favors 
of a partisan court, the Republican party, or at least its managers and 
representatives of railroad a«nd other corporate interests, may prevent the 
legislation that the people demand at our hands. 

Every well-informed man in Kansas is aware that the railroads and 
other corporate managers in this State are behind you, promoting and 
directing the action of your party to block the wheels of legislation, even 



LETTERS TO GOVERNOR LEWELLING. 81 

going so far, I am informed by good authority, as to advance the pay you 
and other Republicans receive through one of the banks of this city, closely 
connected with certain railroad interests. 

If, as you profess, you desire the legislation required by the debt- 
burdened people of Kansas; is it not about time that you give evidence of 
that fact by recognizing the executive and legislative authorities now work- 
ing in harmony? The experience of the last session should convince you 
that the legislation required can only be obtained by political union 
between the House of Representatives and the Senete. Upon this union 
depends, in a great measure, the possibility of legislation m favor of the 
World's Fair, and many public institutionsthroughout the State, and espe- 
cially along the line of railroad control. 

Two years ago it was the Republican Senate against the opposition 
House. Many now desire a Republican House against an opposition Senate. 
In either case the result must be the same. As but a few committees have 
been appointed by me, opportunities still exist for an adjustment of the 
present trouble in a manner favorable to all concerned ; and to that end I 
would be pleased to receive and consider any proposition you may deem 
proper to make, either verbally or in writing, that does not bring into ques- 
tion the integrity of the Legislature as now organized and the acts of the 
Executive in relation thereto. 

If no such adjustment can be made, we will be under the necessity of 
promptly proceeding to business without the valuable aid and advice of 
yourself and political friends, and let the people of Kansas judge between us. 

With assurance of my personal regard, I am very truly yours, 

J . M. Duxsmore, Speaker. 

THE REPLY OF SPEAKER DOUGLASS. 

Speaker Douglass then read his reply to Mr. Dunsmore, as 
follows : 

House of Representatives, Topeka, January 31, 1893. 
Hon. J. M. Dunsmore: 

Dear Sir,— I acknowledge the receipt of your letter of yesterday, and in 
reply thereto I beg leave to say : 

On the 10th day of this month, after the majority of the duly elected 
members of the House of Representatives had organized the House and 
elected a Speaker and other officers, a minority of fifty-eight members-elect 
proceeded to organize another body, which also calls itself the House of 
Representatives. As these fifty-eight members-elect were five less than a 
quorum and absolutely powerless to perform any act, the official roll was 
obtained, and there in "the broad daylight, before the eyes of hundreds, the 
names of ten members chosen by the people were scratched out and in their 
stead were inserted the names of ten other persons who were not elected, 
and some of whom had been defeated at the polls by majorities of from 500 
to 1,000 votes. This was done by Ben C. Rich, without any adjudication of 
the contests by any tribunal whatsoever ; and, upon the call of this forged 
roll, and with the aid of these ten persons (whose only claim to seats was 
that they had served notice of a contest upon the members whose election 
had been regularly ascertained and certified by the proper officers), the body 
over which you preside was organized. 

The majority at its organization chose me as its Speaker, and of the 
members who participated in that day's proceedings, sixty-four voted for 
me as Speaker, and three others on the 12th day of January took their seats 
in the lawful House of Representatives and have since uniformly adhered, 
and still do adhere, to it as the only House of Representatives known to the 
Constitution and the laws. 

If the proceedings by means of which the body over which you preside 
was organized should ever be acquiesced in by the people of Kansas, it 
would be the end of regular, orderly, and constitutional government in this 
commonwealth. 

The fact that the Governor and a majority of the Senate have so far suc- 
cumbed to the pressure of partisan considerations as to countenance such 
a proceeding, in no wise changes the fact, except as it intensifies the 
obligation and emphasizes the duty of all law-abiding citizens to protest 
against it. Such countenance by theExecutiveand the Senate cannot anni- 
hilate or destroy the legal and constitutional House of Representatives 
chosen by the people to do the people's will. The powers of the Executive 



82 LETTERS TO GOVERNOR LEWELLING. 

and the Senate are many and great, but the power to perform miracles is 
not one of them; and, despite all assertions to the contrary, it remains true 
that they are powerless to either create a majority out of a minority, or to 
destroy by their fiat the constitutional and lawful body of the representa- 
tives of the people. ---■-. — 

I take issue with your assumption that the courts have no power to 
determine whether an alleged act of the legislature was ever in fact passed 
by the Legislature of the State or by some other body. The prime duty of 
the courts, where the validity of a statute is called in question, is to ascer- 
tain whether the constitutional requirements have been observed in its 
passage; and if they find that, instead of such observance, the Constitution 
has been trampled under foot, and that the alleged act has not been passed 
by the lawfu 1 House, but by a usurping body, it is the highest duty of the 
courts to so declare. Such declaration, far from being an evidence of parti- 
sanship, would be a mark of that integrity, fidelity, and devotion to duty 
which characterizes the American judiciary. 

It is true that the constitutional House of Representatives cannot legis- 
late without the concurrence of the Senate, and it is equally true that the 
minority body over which you preside cannot effectively legislate even with 
such concurrence. 

It is also apparent to every thinking man that any attempt to so legis- 
late must, in the course of a few weeks' time, come under the final review of 
the courts ; and, if the determination by the courts of the questions 
involved should be in accordance with what I have no doubt to be the law, 
it will ultimately necessitate an extra session of the Legislature, with the 
attendant expense and burden upon the people. Under such circumstances, 
it would seem to be the part of wisdom for men desirous of the public good 
to make up a case for the highest court at the earliest possible moment, 
and set the matter at rest within a few days' time. 

The law will in the end prevail. No men areas yet above the law in 
Kansas, however much they may desire to be; and the law-abiding people 
of our State will in the long run sustain the public servant who, regardless 
of temporary and partisan considerations, respects and obeys the law. 
Regard for law is the bulwark of free institutions. If the law be defective, 
as some of our statutes unfortunately are, it is our duty as legislators not 
to override and overthrow the law, but to patriotically set about remedying 
its defects. 

Your intimation that, in defending the rights of the constitutional body 
of which I am the Speaker, I may be influenced by personal motives, and 
that I desire to prevent legislation demanded by the people, is an unworthy 
imputation which I must leave those who know me best to answer. In like 
manner I notice, but pass without comment, the unworthy reflection upon 
the integrity and character of the Democratic and Republican members oi 
the lawful House of Representatives involved in your assertion that in this 
struggle for law and order they are prompted and directed by the railroads 
and other corporations. You will yourself recognize the peculiar impro- 
priety of this when I recall to you the fact that, on the 12th day of this 
month, after conferring with many of the members of the House, I offered 
(in event of the then proposed adjustment of our difficulties) to give not only 
a large number of leading committees to the members of the People's 
party, but also to give them the chairmanship and full control of the 
railroad committee. 

I have always been ready, and still am, to confer with yourself or any 
member with a view to securing an honorable adjustment of the present 
difficulties, to the end that legislation may proceed; but any adjustment 
which involves assent to the extraordinary and revolutionary methods 
whereby the body over which you preside was organized, is and will remain 
an impossibility. 

The members of the lawful House of Representatives purpose to main- 
tain to the end the laws and Constitution of Kansas. They are willing to 
negotiate upon matters of less moment, but they will never sacrifice their 
obligations to the State and the people they represent. World's Fair bills 
and other legislation are as much desired by them as by yourself; but 
beyond and above all else their duty is to preserve, to the full limit of their 
power, the principle of constitutional liberty which is now at stake. 

Let there be no misunderstanding, therefore, as to their position. With 
the best of personal feeling, I beg leave to assure you that the constitu- 



LETTERS TO GOVERNOR LE WELLING. 



tional House of Representatives is here to perform the high duties entrusted 
to it by the people, and here it will remain. 

Very respectfully yours, Geo. L. Douglass, Speaker. 

Wednesday, February i. — Both Houses continue as heretofore 
giving attention to routine matters of no special importance. 

Thursday, February 2. — The first bill to pass the Douglass 
House was the World's Fair bill. Speaker Douglass's bill for the 
purity of elections was also passed. The double House continues. 

Friday, February 3.— Greenlee of Reno offered a strong 
protest against the revolutionary obstruction by the minority. 
The Judiciary Committee in the Senate reported a joint resolu- 
tion to submit the question of intending suffrage to women. The 
Douglass House adjourned to Monday at 4 p. m. 

Saturday, February 4. — The Populist House was in session 
two hours, and adjourned to Monday at 3 p. m. 

Monday \ February 6. — Short and uneventful sessions in the 
House and Senate. 

Tuesday, February 7. — Usual routine business in both Houses 
and Senate. The situation unchanged between the Douglass and 
Dunsmore Houses. 

Wednesday, February 8. — The Dunsmore House takes up the 
legislative appropriation bill. 

Thursday, February 9. — Seaton of Atchison introduces reso- 
lutions giving Populists an opportunity to take their seats in the 
legal House up to February 21st, after which dite they will be 
declared vacant. The Populist Revision Committee report anew 
journal, changing the status of the fiat members. At first they 
were claimed and voted as bona fide members ; this new report 
gives them the privileges of members "pending proper determi- 
nation of their claims." 

Friday, February 10. — An investigation of Biddle's bond by 
Col. Warner's resolution. The original journal of the Populist 
House being doctored X>y the Revision Committee. Tariff question 
in the Senate. No change in the status of the two Houses. The 
Douglass House adjourned to Monday at 4 p. M. 

Saturday, February n. — The Populist House in session, dis- 
cussing interest rates. 

Monday, February 13. — Mr. Chambers, of the Election Com- 
mittee, reported that L. C. Gunn, of Linn County, refused to 
obey a subpoena of the legal House, and asked resolution that 
the sergeant-at-arms be required to issue his warrant for the 
arrest of Mr. Gunn for contempt. The resolution passed, and 
Mr. Clevenger, sergeant-at-arms, proceeded at once to arrest Mr. 
Gunn. 

Tuesday, February 14. — The following resolution for the 
arrest of Ben C. Rich, chief clerk of the Dunsmore House, was 
introduced by Mr. Hoch and carried: 

Whereas, One Ben C. Rich, for a number of days last past : and during 
the present session of this, the House of Representatives, and in the pres- 
ence of said House, has continually interrupted the regular proceedings of 
the House by loud and boisterous language and unlawful and unusual 
noises without legal excuse or justification, and without claim or pretense 
that the same was a part of or connected with the proceeding of the House 



84 LETTERS TO GOVERNOR LE WELLING. 

of Representatives, and such conduct has been and still is being indulged 
and persisted in by said Ben C. Rich^in open, malicious, and willful defiance 
and derision of the rules and authority of the House of Representatives ; and 

Whereas, Such conduct has greatly interrupted and interfered with 
the transaction of public business by this House, and has impeded and 
still impedes necessary legislation in the interest of the people of the State 
of Kansas, thereby bringing the authority and dignity of the House of Rep- 
resentatives into disrepute ; therefore be it 

Resolved, That by the said action and conduct of the said Ben C. Rich, he 
has been and is guilty of contempt of this House, and the Speaker is hereby 
authorized and directed to cause said Ben C. Rich to be forthwith arrested 
by the sergeant-at-arms and brought before the bar of this House, to show 
cause, if any he have, why he should not be punished for such contempt, 
and that said Ben C. Rich be held in custody by said sergeant-at-arms, sub- 
ject to the further order of the House of Repre sentatives. 

The assistant sergeants-at-arms of the House, Jordan, Young, 
and Clogston, started out for Rich. He was found coming to the 
State-House guarded by a number of Populists, among whom 
were Willits, Breidenthal, Scott, and Ryan. At the corner of 
Ninth Street and Kansas Avenue the officers attempted to arrest 
Mr. Rich, but the force surrounding him was too strong, and, 
after an exchange of blows and a general scuffle, the effort ended 
in a failure. Mr. Rich was escorted to the Dunsmore House in 
triumph, where he was protected from arrest by a strong guard 
of Populists, among whom were Hank Lindsay, Cal Brewer, J. F. 
Willits, Frank Herald, and many others. After the Dunsmore 
House had been in session a short time, Gest of Jefferson 
introduced the following resolution, which passed : 

Whereas, An attempt has been made to arrest the chief clerk of this 
House by an organized mob calling themselves the Republican House ol 
Representatives, but which we believe to be in reality the Santa Fe Railroad 
Company ; therefore be it 

Resolved, That we, the legally organized and constitutional House of 
Representatives, proclaim to the State of Kansas that the mob was foiled, 
and that our flag is still there. 

The excitement now became very great on both sides, and it 
was apparent that the complications of the past five weeks were 
about to culminate. During the afternoon a large number of 
sergeants-at-arms were sworn in by each side. After adjourn- 
ment in the afternoon, the Populists took possession of Repre- 
sentative Hall and locked the doors, refusing to admit any one. 
Governor jewelling was in consultation with prominent Popu- 
lists, many of whom advised calling out the militia to maintain 
the Dunsmore House. The Governor sent for Sheriff Wilkerson 
and asked him to protect the Dunsmore House in their right to 
Representative Hall ; this Mr. Wilkerson refused to do. Mr. 
Dunsmore asked the same of Sheriff Wilkerson, who replied to 
him, and also to the Governor, that he could take no partisan 
part, but that he was amply able, without the aid of the militia, 
to maintain the peace in this city and county. The correspond- 
ence between the Governor and the sheriff, containing the facts 
in the transaction, will be found in full in Letter No. n in this 
volume. The situation at this time was critical. Late at night 
the Governor, ignoring the position of the sheriff, who is the 
peace officer, issued a proclamation calling out the militia. 
Many citizens began to come to the capital from all parts of the 



LETTERS TO GOVERNOR LEWELLING. 85 

State. Every expression of the Governor, Speaker Dunsmore, 
Judge Webb, Doster, Clemens, Willits, and other leaders in the 
House and Senate, foreshadowed armed resistance to the legal 
House. In the Senate, after a stormy session, H. H. Artz was con- 
firmed adjutant-general. 

Wednesday, February 15. — The revolutionary methods of sup- 
porting the minority House may be said to have culminated 
this day. The militia had been ordered out by the Governor to 
defend the Dunsmore House. Several hundred deputy sheriffs, 
including many of the best citizens of Topeka and of various 
counties of the State, had been sworn in by Sheriff Wilkerson 
to preseive the peace. The door-keeper of the House, ivftr. 
Miller, found himself confronted by armed men, who refused to 
permit him to pass to the Hall of Representatives to assume his 
regular duties. This was reported to the Republican members, 
who assembled at the Copeland Hotel. Upon consultation, it 
was decided that only the members of the legal House should 
form in line, with Speaker Douglass and Speaker pro tem. Hoch 
at the head of the column, and in this order the members 
entered the Capitol, and at the foot of the main stairway leading 
to Representative Hall they were met by a number of armed 
men, who said they were there by order of Adjutant-General 
Artz, .and that no persons would be permitted to pass. Speaker 
Douglass stated that, as Speaker of the House, in company with 
legal members, the authority of General Artz was not recognized, 
and ordered the guards to stand aside. This they refused to do, 
and the order to go forward was given by Speaker Douglass, and, 
although the guard resisted, the members went up the stairway, 
at the top of which other armed guards, with their guns pointed 
at the approaching members/ordered them to stop. They did 
not stop, but pushed aside the guards. The first door, leading 
to the southeast cloak-room, was forced open, and the doors to 
the hall thus reached. It required the use of a sledge-hammer 
(with which Speaker Douglass had provided himself before start- 
ing to the hall) to gain admittance. Assisted by Mr. Hoch, Mr. 
Swan, Mr. Troutman, and other members, the doors were soon 
broken open. The Populist guards, fifteen or twenty in number, 
in charge of the hall inside, made a very hasty retreat. The 
possession of the hall was thus secured by the legal House, and 
held until the Supreme Court decided that it had a right to 
remain there. An incident that may have changed the result of 
this entrance into the hall occurred just as the column so 
gallantly led by Douglass and Hoch reached the upper landing 
of the stairway. While the Populist guards stood with guns and 
pistols pointed at the members approaching, Mr. J. Ware Butter- 
field, who had forced his. way into the hall from the stairway at 
the west end and hurried across the hall and through the doors, 
came upon the scene, loudly calling out to the guards, " For 
God's sake, don't shoot ! don't shed innocent blood ! " As none 
but Populists were supposed to be in the hall, the guards 
naturally hesitated and turned towards Mr. Butterfield; before 



86 LETTERS TO GOVERNOR LE WELLING. 

they could turn again, the rapidly advancing members were 
upon them, and the possibility of using their weapons, if they 
intended to do so, had passed, and the members were in the hall. 
Slight as the circumstance was, it may have saved the bloodshed 
that was so imminent for forty- eight hours or more during the 
greatest excitement. Provisions were sent in to the members. 
Mr. Cubbison offered a resolution for the arrest of Populists 
who resisted the arrest of Ben. C. Rich. Mr. Greenlee offered 
resolutions condemning the Governor for aiding as a partisan 
the revolutionary methods of the minority House. At 7:30 p. m. 
Governor Lewelling entered Representative Hall, was escorted to 
thfe Speaker's desk, and said : 

Gentlemen: No man among you can deprecate the present situation 
which exists here to-day more than I do. There is no desire on the part of 
your Executive to institute any forcible proceedings here in this hall ft the 
present time or at any other time. I earnestly entreat you, as citizens of the 
State of Kansas, as men of integrity and honor, as I know you are, to consider 
•carefully and cautiously the conditions which exist and the possibilities 
which may arise in the future. 

_ Under the present condition, there is only one course to be pursued. It 
is impossible that there should be any receding on the part of your Executive 
from the position held to-day, but I desire to ask you, as citizens, that you 
consider as carefully as you may do, if there may not be a way for an 
amicable solution of these difficulties. 

I earnestly entreat you, as citizens, not to make it necessary for me to 
call upon the military arm of the government to enter and take possession of 
this Representative Hall. 

There has been some talk about bringing the conditions which exist to a 
conclusion through the courts. It has been said repeatedly, by men who are 
on your side, that as soon as bills were passed they would be brought into 
the courts, and thus a solution of this difficulty should be had. That act has 
already been done ; a bill has been passed by the House of Representatives 
and signed. If there is a method of solution of this difficulty m the courts, 
that method of solution is at hand ; and I appeal to you, as citizens, whether 
it would not be better to rest your cause upon that basis, and rest upon that 
solution, rather than to continue to retain this hall. I urge you, as fellow- 
citirens, that you now surrender this hall to the legal authorities of the 
State. I would dreprecate exceedinglv to have the military enter this Hall of 
Representatives ; I do not want anything of that kind, and I ask you, gentle- 
men, if you will not be willing to surrender this hall— or, at least, those of 
you who are not members of the House of Representatives ? 

Mr. Hoch, of Marion County, was then recognized by the 
Chair, and spoke as follows : 

Governor, pardon me — one word. I appreciate your coming not as 
Governor of this State, but as a citizen of tnis State, and I am sure I voice 
the sentiments of every man within the sound of my voice when I say there 
is no man upon this floor who has ever desired anything else than a fair, 
honorable, and amicable settlement of this unfortunate difficulty. I wish, 
however, Governor, to ask you in fairness if— pending this decision of the 
courts, which I trust will be reached within a few days— if it would not be 
fair, if any side abandons this hall, that both sides abandon it until this 
decision is reached. Could there be objection upon either side to that state 
of affairs? I appeal to you as the Governor of chis commonwealth, elected 
by the suffrages of the noblest and grandest people, in my judgment, on the 
face of the earth, elected to preside over the grandest State in this Union ; I 
appeal to you as my Governor, in this critical crisis that has come upon us 
to-day, that if we surrender this hall, pending the decision of this matter 
in the courts, if it would not be fair that all parties surrender this hall 
during the pendency of this contest ? 

The Governor replied: 

I am not here, of course, to enter into any political discussion, or a 



LETTERS TO COVERS OR LEWELLISC 87 

discussion of these questions. I only ask this: you gentlemen have stated 
between yourselves, and it has come to my ears repeatedly, that only one 
thing was wanting, and that was that the House 01 Representatives should 
pass a bill, that you might carry it into the courts ; now, if that has been 
j'our wish prior to this time, is there any reason why you should continue 
to hold this hall, when you have that opportunity before you? I ask you, 
gentlemen, that you shall surrender this hall into my keeping to-night; 
that you vacate this hall and leave it in my care ; I ask fchat you do that ; I 
ask it as citizens, as countrymen— many of you personally known to me, 
many of you my own personal friends ! There can no harm come from it ; 
I ask, therefore, that you vacate this hall, surrender it to me, if you choose, 
and then let the process that'you see fit to pursue, follow. That is all I have 
to say gentlemen, further than to add that, as the matter now stands, it 
becomes my duty to use some method, which I almost shrink from naming, 
to secure possession of the hall. I trust there will be no occasion for any- 
thing of the kind. 

Mr. Hoch, again addressing the Governor, said: 

Pardon me ; the proposition that was made was not i'ntended to disturb 
the policy that has been pursued here for more than five weeks. If both 
sides abandon this hall, wouldn't it be right that the state of affairs which 
has existed here for five weeks should be continued ? 

The Governor replied : 

It is not for me to enter into anj- contest. There are several militia 
companies here to-day, called to do what I deem it my duty to order, and 
which I shrink from more than I can tell. I ask you to consider the 
situation. 

Mr. Greenlee, of Reno County, asked: 

Would you regard the decision of the Supreme Court as the final settle- 
ment of this difficulty ? 

But the Governor refused to answer Mr. Greenlee's question* 
and left the chair. 

Ex-Governor Osborn, representing a committee of citizens, 
counselled peace, and urged that if the militia came, the members 
should calmly surrender. His speech was not endorsed by the 
members. On the contrary, the House determined to resist until 
driven out at the point of the bayonet by overwhelming numbers. 
Colonel Hughes, who was commanding the militia, at 10:30 came 
into the House in the full uniform of a colonel and was introduced 
by the Speaker. He said : 

I was ordered by Governor Lewelling to take command of the militia 
called out here to-day. I did so at once. When I asked him for orders, he 
told me that I must surround the State-House with my men, protect the 
property of the State, and remove from Representative Hall all men who are 
not recognized by Mr. Dunsmore and himself as members of the Legislature. 
I then told him he would have to look for some other officer. [Prolonged 
cheering.] I am still in command, and I am going to stay there until I am 
relieved. I may be relieved, but I can say to you that you' need have no fear 
to-night. No one will attempt to molest you. If I am relieved, my regiment 
will go with me. 

The applause was deafening and three tremendous cheers were 
offered for Colonel Hughes. 

About 11 o'clock a restraining order was issued by Judge 
Hazen, of the District Court of Shawnee County, against the fur- 
ther payment of money by State Treasurer Biddle, under an act 
passed by the Senate and Dunsmore House, for legislative 
expenses. The Treasurer's force had worked all night to enable 
him to pay the money out before the restraining order could be 
served upon him, as it was well known that a test case would be 



88 LETTERS TO GOVERNOR LEWELLING. 

made. The decision of Judge Hazen in this case is published in 
this volume. The threats made by the Governor were not carried 
out, and the legal House remained in session all night. 

Thursday ', February 16. — Conference between the Governor 
and the legal House. Governor Lewelling proposed, in a mes- 
sage delivered by his private secretary to the House, that he 
withdraw all militia and not allow the Republican House and 
employees to be interfered with, provided that all proceedings 
against Ben C. Rich be dropped, and that Populist members and 
employees should not be disturbed ; this agreement to remain ip 
force during balance of the session. In presenting this proposi- 
tion, Mr. Close said: "If you don't accept it, I fear the conse- 
quences within the next hour. I, for one, have shed all the blood 
I care to, and I don't believe that any of you are anxious to do 
more — at least, the older ones, who have been through bloody 
times." After discussion, a committee was appointed to present 
a counter-proposition to the Governor. In half an hour the 
committee reported : 

First. To dismiss all contempt proceedings heretofore commenced. 

Second. The body presided over by Hon. J. M. Dunsmore to arrest Frank 
Iy. Brown, chief clerk of this House, and the body presided over by Hon. 
George I,. Douglass to arrest Ben C. Rich, chief clerk of the body presided 
over by Hon. J. M. Dunsmore, both of said arrests to be upon the charge of 
contempt and to be made immediately, and the respective parties to apply 
to the Supreme Court for release by habeas corpus, both of said cases to be 
prosecuted upon the sole question of the legality of the respective Houses. 

Third. The Governor to discharge and dismiss the State militia and 
provisional guards. 

Fourth, The sheriff of Shawnee County to dismiss all special deputy 
sheriffs. 

Fifth. The House of Representatives presided over by Hon. George I/. 
Douglass to have exclusive, free, and undisputed possession of Represent- 
ative Hall, with all appurtenances, rooms, and approaches. 

Sixth. This agreement to remain in force until the Supreme Court 
shall have decided the issue in controversy. 

Seventh. In order to avoid misunderstanding in the future, that the 
agreement of these resolutions or plan of action shall be ratified by the sig- 
natures of each of the presiding officers of both contending bodies and the 
Governor. 

^ The report was adopted, and a committee submitted the prop- 
osition to the Governor, who stated that he would take it under 
consideration until 9 a. m. the next day (Friday). 

Mr. Gunn, arrested for contempt of authority of the House, 
applied to the Supreme Court for a writ of habeas corpus, which 
was granted, and the trial set for hearing Friday. 

Sheriff Wilkerson continues to increase his force. Col. Hughes 
relieved of his command. Members of the Douglass House 
remain in session all night. 

Friday, February 17.— Peace declared upon the following 
terms : 

BETTER FROM THE GOVERNOR. 

Topeka, February 17, 1893. 

First. It being the understanding that the House presided over by Mr. 
Dunsmore has secured a hall in which to meet, the House presided over by 
Mr. Douglass shall remain in possession of Representative Hall, undisturbed 
and unmolested. 

Second. The House presided over by Mr. Dunsmore shall in like manner 



LETTERS TO GOVERNOR LEWELLING. S'.t 

be undisturbed and unmolested in the possession of the hall which it has 
secured, and may, if it desires, select a room in the State-House for its 
meetings, other than Representative Hall. 

Third. No arrests to be made by either House of members or officers of 
the other. 

Fourth. The militia to be immediately relieved, including the new 
recruits sworn in, and the sheriff's posse to be immediately disbanded. 

Fifth. Militia companies now en route for Topeka to be immediately 
telegraphed to by the Governor to return to their homes. 

I,. D. JEWELLING, 

Governor. 
Geo. L. Douglass, 
D. W. Eastman, 
J. K. Cubbison, 
Committee on the part of the House presided over by Mr. Douglass. 
The following additional memorandum was attached to the 
agreement : 

The memoranda this day signed by Governor L,ewelling, George L,. 
Douglass, D. W. Eastman, and J. K Cubbison, as a committee of the House 
of Representatives presided over by Mr. Douglass, and hereto attached, is not 
to be construed as a recognition by either the Douglass or Dunsmore House 
of the legal organization or character of the other, or by the Governor or the 
Senate as a recognition of either of such Houses, and shall not be used in 
court or any legislative body as evidence for any person, party, or body, and 
shall not be entered upon the journal or other record of either the Douglass 
House or the Dunsmore House or the Senate. 

(Signed) L. D. Lewelling, 

Governor. 
Geo. L. Douglass. 
D. W. Eastman, 
J. K. Cubbison, 
Committee on the part of the House presided over by Mr. Douglass. 

Upon the adoption of the treaty, the House adjourned until 
Saturday at 10 o'clock. The termination of the contest was 
greeted with pleasure by Republicans, Democrats, and Populists, 
although the expressions of chagrin by the Populists in having 
to meet elsewhere than in Representative Hall were unmistak- 
able. That a bloody riot was averted is recognized to be almost 
a miracle. 

In the Senate, Mr. Leedy, of Coffey County, offered the follow- 
ing resolution: 

Whereas, The people of Shawnee County are organizing under the 
.sheriff of said county for the purpose of defying and overthrowing the 
authority of the State; be it 

Resolved, By the Senate of the State of Kansas, that a committee of five 
be appointed to consider the advisability of removing the State capital, with 
instructions to report within ten days. 

Saturday, February 18. — The legal House met in Representa- 
tive Hall at 10 a. M. and adjourned until 4 p. m. Monday. The 
members were worn out with loss of sleep and the excitement 
of the week, and needed rest. Judge Hazen renders a decision in 
the case of the State Treasurer, which is printed in full in this 
volume. But little business was done in the Senate during the 
"wah." 

Monday, February 20. — The legal House called to order at 4 
P. m. The Populist House, having had the basement corridor of 
the south wing fitted up with temporary desks, etc., was called 
to order at 4 o'clock by Mr. Semple, Speaker pro tern, of the 
Dunsmore House. The Senate was fully occupied with routine 
business. Mr. R. B. Welch, who was in command of the 600 ser- 



90 LETTERS TO GOVERNOR LEVELLING. 

ge ants- at- arms sworn in by the Douglass House, was relieved 
from duty. The Gunn habeas corpus case begins this day in the 
Supreme Court. 

Tuesday, February 21. — The legal House and Senate in ses- 
sion. The Dunsmore House in the basement grinding out legis- 
lation with great diligence, regardless of the fact that it has no 
legal existence. 

Wednesday .February 22. — The Populist senators indicate their 
hostility to Topeka by passing resolutions to move the capital. 
Their course in this matter does not even secure serious atten- 
tion. The Dunsmore "rump' ' House passes a maximum freight 
bill. The Senate discussed the jurisdiction of the Supreme Court 
to decide which is the legal House. Populists all deny that the 
court has jurisdiction. Examination of witnesses in the Gunn 
case occupied the entire day in the Supreme Court. 

THE) POPULIST SIDE;. 

The following address was sent out as the Populist statement 
of facts and argument for the present attitude of that party, and 
it has the endorsement of Governor lyewelling : 

Now that comparative peace reigns about the State Capitol, and Repub- 
licans are clamorous in their boasting and affect to believe they have gained 
their point, it will be well to make inquiry and note the facts. Such inquiry 
will establish the fact that the Populists have never lost sight of the one 
great essential in this contest and come out of this imbroglio secure in its 
possession. _That essential is the " preservation of the Populist House." To 
suppress this, to destroy it, to wipe it out of existence, was the dastardly 
and far-reaching purpose of the Republicans when they precipitated the late 
insurrection. Could they have accomplished the suppression of that House, 
they would have thwarted all possibility of any reform legislation. They 
know that laws passed by the assistance of that House are valid. They 
know that the Supreme Court that would declare otherwise would have to 
reverse all respectable precedent, immolate itself to the basest partisan 
demands, and face a wave of public indignation unparalleled since the days 
of the notorious Judge Tresilian was followed to the scaffold by an outraged 
people, where they beat him -with staves to make him ascend, and then 
exulted at his just but shocking execution. 

Corporate greed is determined to prevent the enactment of the reform 
measures of the Populists. No Supreme Court in these days of suspicion 
and imputations against the integrity of courts cares to assume that respon- 
sibility of declaring those laws void. One happy solution presented itself 
to the nefarious and atrocious schemers, and that was the extinction and 
suppression of the Populist House. They did not merely intend to prevent 
' it from meeting in Representative Hall, but they intended to prevent it from 
meeting anywhere — to deprive it of existence, so that no official acts could 
flow from it. 

Their first of a series of contemplated steps to this end was the attempted 
arrest of the chief clerk of the Populist House. This was to be followed by 
the arrest of a sufficient number of Populist members in order to break the 
quorum of the Populist House. Resistance by the Populists to the 
execution of this Republican scheme precipitated the armed Republican 
insurrection. 

Now that peace has been declared, it should be borne well in mind that 
the Populists have carried their point, and have wrung from the Republicans 
a solemn pledge to cease all further attempts to molest or attempt the 
extinction of the Populist House. The compulsory vacation of Representa- 
tive Hall may not be pleasant to the personal feelings of Populists, but it is 
the price Populists pay for believing that Republicans possessed a particle 
of loyalty or respect for lawcr official oaths. When the Governor found 
himself confronted by the sheriff of Shawnee County and a huge horde ot 
drunken ruffianly deputies, said to be largely from Missouri, psesent, he 



LETTERS TO GOVERNOR LEJVELLING. 91 

also found that the militia of the State (on whom he had to rely; were to a 
man stained through with treason. The commanding officer was the first 
to make known his contempt for his official oath, and that he would not 
Dbey orders from his superior officer. Hence, when it is said that the Gov- 
ernor has made terms with a power which a short time ago he termed a 
lawless body, we frankly admit it, and say that he did it just as the Union 
men at Ft. Sumter recognized Jeff Davis, or the loyal people of Lawrence 
recognized Quantrell. 

The disloyalty of the present militia tells the whole tale. Good Republi- 
can authorities privately admit that for the past two years the militia has 
been weeded out, recruited, and doctored to this end. The knowledge of this 
fact explains the nefarious conduct of the Shawnee County sheriff; The Con- 
stitution of this State says : 

" The Governor shall be commander-in-chief, and shall have power to call 
out the militia to execute the laws, to suppress insurrection, and to repel 
invasion." 

But the partisan sheriff, after involving himself in evasions and gross 
contradictions, perceiving that the Governor was helpless in the midst of a 
cowardly and disloyal militia, raised an army of deputies, many of whom 
were the most vicious and depraved characters, filled with rum and continu- 
ally talking about hanging the Populist leaders. Backed up by this motley 
crew, the sheriff denies the Governor the powers conferred on him by the 
Constitution, and, under threat of bloodshed and an assault upon the State- 
House and the Governor's feeble forces, compels him to treat with the law- 
less and treason-infected Republican gang. 

Although treating in the face of such adverse circumstances, the Popu- 
lists have not surrendered one iota that is essential. So far as Representa- 
tive Hall is concerned, many Populists and Populist papers advised weeks ago 
that the Populists vacate Representative Hall and retire o where they are 
now going Had they done so, Populist legislation would be much further 
advanced than it is now. Beyond the indignity, the vacating of Representa- 
tive Hall amounts to nothing, and the unmasking of Republican treason, 
perjury, and general lawlessness richly compensates the Populists for all the 
indignities th^y have suffered. 

What the Populists must not surrender is the Populist House. This is 
vital. Whether the Republicans have really abandoned their intention to 
forcibly strangle the Populist House remains to be seen. 

The chief reliance of the Republicans is the treason-infected militia. 
Kansas Republicans applauded when a Pennsylvania militiaman was hung 
up by the thumbs and subjected to harsh and cruel treatment because he 
had spoken disrepectfully of a cruel-hearted man of wealth, but now we see 
those same Kansas Republicans applauding Kansas officers and privates 
because they violate their oath of enlistment, disobey their officers, and 
encourage a county sheriff in open violation of law, backed up by a legion of 
cut-throat scoundrels from Kansas City, St. Joseph, and St. L,ouis. 

Thursday, February 23. — Both the legal and the " rump " 
House and the Senate at work. Arguments in the Gunn case 
before the Supreme Court occupied the day. Deep interest felt 
in the progress of the Gunn case, which is expected to solve the 
question as to the legality of the Douglass House. 

Friday, February 24. — The interest in the legislative proceed- 
ings is overshadowed by the Gunn case in the Supreme Court. 
A decision will be given Saturday. The Douglass House compli- 
ments Colonel Hughes. 

Saturday, February 25. — The decision of the Supreme Court 
in favor of the legality of the Douglass House was the important 
event of the day. Populists held long caucuses discussing the 
course of action to be adopted. Some advised prompt recogni- 
tion of the mandate of the court, while others favored an appeal 
to the United States Supreme Court, or open and defiant opposi- 
tion. The Douglass House adjourned till Monday, 4. p. m. 

Monday, February 27. — Populists continue to caucus and to 



92 LETTERS TO GOVERNOR LEWELLING. 

discuss the situation. Speaker Dunsmore said they would go 
into the Douglass House only under protest. The Senate and 
the Governor submit to the decision of the couft with protests. 
The Dunsmore House decide at a late hour to go in a body aud 
take their seats in the legal House on Tuesday morning. Business 
unimportant in both House and Senate. 

Tuesday, February 28. — The House was called to order at 10 
a. m. by Speaker Douglass. Promptly at that hour the Pop- 
ulists of the Dunsmore House, headed by Sergeant-at-arms Dix 
bearing the American flag, followed by Speaker Dunsmore and 
Speaker pro tem. Semple, appeared in the hall and took their 
seats on the north side. The House now consists of 66 Repub- 
licans, 54 Populists, and 3 Democrats, as follows: 

Republicans— Allen, L. B. Pearson; Anderson, John G. Johnson; Atchison, 
John Seaton and M. K. Nichols; Bourbon, H. J. Butler; Brown, W. W. Price; 
Chase, R. H. Chandler; Chautauqua, M. B. Chrisman; Cherokee, Alex. War- 
ner; Cheyenne, L- S. Willits; Coffey, T. C. Ballinger; Cowley, F. G. Powers; 
Doniphan, James A. Campbell; Douglass, N. Simmons and N. Bishoff: Fin- 
ney, W. R. Ford and M. W. Sutton; Gove, R. D.Anderson; Grant, Peter Bow- 
ers; Gray, Ora B. Douglass; Greeley, W. M. Glenn; Greenwood, E. W. Clay- 
comb; Hamilton, Alfred Pratt: Harvey, John E. Frazer; Hodgeman, T. C. 
Bowie; Jackson, Nick Kline and J. F. Pomeroy; Jefferson, C. H. Phinney; 
Johnson, N. Zimmerman; Kearny, F. M. Kelley; Kiowa, J. W.Davis; Miam'i, 
J. W. Remington; Montgomery, F. M. Benefiel; Morris, H. E. Richter; Ness, 
R. O. Elting; Pottawatomie, A. J. Axelton; Rawlins, Samuel Way; Reno, J. 
F. Greenlee and J. W. Dix; Republic, S. M. Foster; Riley, Wm. Knipe; Rooks, 
J. S. Shaw; Rush, S. I. Hale; Russell, O. L- Atherton; Sedgwick, George L. 
Douglass; Seward, H. V. Nichols; Shawnee, A. C. Sherman, James A. Trout- 
man, and W. B. Swan; Sumner, William Hobson; Wallace, W. D. Harris; 
Wichita, W. J. Chubbuck; Wilson, Jacob Lamb; Woodson, J.H.Bayer; Wyan- 
dotte, J. K. Cubbison; Lane, C. E. Lobdell; Marion, E. W. Hcch; Trego, A. H. 
Blair; Logan, John F. Coulter; Lyon, D. W. Eastman; Leavenworth, H. C. F. 
Hackbusch and McCown Hunt; Marshall, William Raemer; McPherson, C.J. 
Stromquist; Linn, J. R. Clark; Meade, James Wilson (Independent). 

Populists — Lewis H. Gest, Jefferson; J. J. McAleney, Wyandotte; A. A. Bur- 
gard, Wyandotte; R. H. Semple, Franklin; J. A. Clark, Bourbon; Hugh Bone, 
Crawford; W. H. Ryan, Crawford; C. L. Walters, Cherokee; J. L.Humphrey, 
Labette; P. A. Morrison, Labette; J. M. Dunsmore, Neosho; James Graham, 
Osage; Thos. Chappell, Osage; R. D. McCliman, Nemaha; P. Daughtrty, 
Geary; Joseph Tren, Wabaunsee; Chas. Moss, Lyon; G. W. Crumley, Elk; Ed, 
Green, Cowley; M. P. Kelley, Dickinson; A. A. Newman, Clay; D. M. Watson, 
Washington; S. O. Everly, Cloud; Geo. McConkey, Ottawa; P. H. Dolan, 
Saline; H. W. Ruble, Sedgwick; F. G. Rawson, Sedgwick; J. M. Doubleday, 
Sumner; George H. Coulson, Harper; T. S. Benefiel, Kingman; William Gar. 
rison, Barber; William Campbell, Stafford; M.W.Cobun, Barton; W. M. Ken- 
ton, Rice; Joseph Sekavec, Ellsworth; A. N. Whittington, Lincoln; George 
H. McKinnie, Mitchell; S.W. Hill, Osborne; E. E. Barnett, Jewell; J. M.Helm. 
Smith; P. C. Wagoner, Phillips; B. F. Replogle, Ellis; A. H. Lupfer, Pawnee, 
J. G. Wright, Edwards; B. F. Morris, Clark; Levi Pritchard, Graham, W. L; 
Kerr, Norton; Dan Caster, Norton; W. J. Barnes, Sheridan; J A Bucklin. 
Thomas; F. E- Yearick; Sherman; J. F. Pancake, Scott; T. M, Grissom, Stan- 
ton; A. H. Drew, Stevens. 

Democrats— Thomas G. Chambers, Comanche; Stephen G. Meagher, Leav- 
enworth; Joseph Rosenthal, Haskell 

The eleven names added to the roll when the Dunsmore 
House was organized on January 10th, and who have been acting 
with that body up to this date, were as follows : 

J. W. Howard, of Doniphan County ; D, M. Howard, of Shawnee County, 
Ed. Shellabarger, of Jackson County; O. M. Rice, of Coffey County; I. N. 
Goodvin, of Ness County; H Helstrom, of McPherson County ; FoB. Brown; 
of Grant County; W. H. Mitchell, of Reno County; W. H. White, of Morris 
County ; J. W. Hair, of Kiowa County ; John Morrison, of Gray County. 



LETTERS TO GOVERNOR LE WELLING. 93 

W. E. Brown, of Pratt County, and C. M. Noble, of Butler 
County, Populists, who held certificates of election at the organi- 
zation of the House, were unseated because they were posmasters 
at that time. Two other certificated members, C. A. Woodworth, 
of Atchison County, and J. W. Tucker, of Linn County, were 
unseated for irregularities in their election, proven by an open 
and public examination of the facts by the Election Committee. 
These fifteen members of the Dunsmore House were not given 
seats to-da} 7 . Mr. Douglass introduced the following resolution 
to forestall the Populist movement for an extra session : 

Resolved, That in addition to making" all necessary appropriations, it is 
the duty of this Legislature, 

First. To pass a law providing for the election of railroad commis- 
sioners by the people, enlarging their powers, providing for the enforce- 
ment of their decision, and, so far as possible, abolishing all unjust discrimi- 
nations in rates and in the furnishing of cars. 

Second. To pass a mortgage law providing for reasonable right of re- 
demption, and, if possible, lessening the expense of foreclosure proceedings. 

Third. To pass a law providing for the complete revision of the general 
statutes of the State. 

Fourth. To pass a law making needed amendments to the statutes 
relating to assessment and taxation. 

Fifth. To pass a law for the preservation of the purity of the ballot and 
regulating the canvass of votes so as to provide against error in the count- 
ing, canvassing, and declaring the result of the same. 

Sixth. To pass a law regulating the weighing and screening of coal at 
the mines. 

Seventh. To pass a law providing for the weekly payment of wages 
whenever the same can be required without manifest injustice to employers. 

Eighth. To provide for an appellate court, the judge of which shall be 
elected by the people. 

Ninth. To provide for the apportionment of the State into congressional 
districts. 

Tenth. To submit such amendments to the Constitution as maybe of 
the most pressing necessity, and the adoption of which by the people "can be 
reasonably anticipated. 

And we pledge ourselves to labor earnestly, patiently, and unitedlj- to 
promote these and other needed measures of legislation. 

In the Senate, the Populist majority exhaust their vocabitlary 
of abuse against the Supreme Court and its decision, agreeing, 
however, with greet reluctance, to recognize the Douglass House. 
At 10 minutes past 3 p. m. on February 28th, forty-four days after 
the meeting of the Legislature, the Senate recognized the legal 
House presided over by Geo. L. Douglass. Chief Clerk Brown, 
of the House, appeared at that hour with a message, and was 
recognized. 

Wednesday, March 1. — The female suffrage resolution submit- 
ting the question lo the people passed the House. Mr. Douglass's 
resolution to give the people the legislation promised before 
adjournment passed. The Populists in the Senate continue to 
move the capital 

Thursday, March 2. — The Senate and House both pass the 
World's Pair bill. The Senate passes the maximum freight bill. 
Republican members of the Senate protest against the misrep- 
resentation of their sentiments by Associate Justice Allen in his 
dissenting opinion in the Guun case. This protest is printed 
with Justice Allen's opinion. 

Friday, March 3. — The House discusses the Greenlee railroad 



91 LETTERS TO GOVERNOR LE WELLING. 

bill. The Senate passed the weekly pay bill. A resolution by Sen- 
ator Baker introduced to create a committee to investigate charges 
of "boodle" for legislative purposes. 

Saturday, March 4. — Republicans refuse to entertain a motion 
to adjourn until the business of the session is finished. The 
House passes the Greenlee railroad bill. The Senate passed the 
appellate court bill providing for five judges ; however, it failed 
to pass the House. 

Monday, March 6. — Pay of the Dunsmore House and employ- 
ees the subject of long discussion in the House. The wording 
of the bill was finally changed to read " State-House employees," 
and passed both Houses with some modifications, the principal 
one being the leaving out of Ben C. Rich's name from the list of 
employees. The Senate refused the Greenlee railroad bill, and 
the House refused the maximum rate bill of the Senate, thus 
defeating all railroad legislation. 

Tuesday, March 7. — The House passed the gold contract bill. 
The session lasts until midnight and many bills are omnibused. 
The House passed a redemption law by which the defendant 
may redeem any real property sold under execution within 
eighteen months, and will in the meantime be entitled to 
possession of the property. 

Wednesday, March 8. — The Senate and House unable to 
agree on the legislative appropriation bill. The Australian bal- 
lot bill lost in the House by a vote of 60 to 50. Many other 
measures considered. It was also a busy day in the Senate. The 
fee and salary bill was defeated in the Senate for lack of three votes. 

Thursday, March 9.— Speaker Douglass's radical bill to pre- 
vent corruption in elections passed. The general revenue bill 
passed both Houses. It provides that a tax levy of three and 
five-tenths mills shall be made each year and two-tenths of a mill 
for paying interest. This is the same levy as made by the last 
Legislature. Both Houses worked late and hard to secure an 
adjournment. 

Friday, March 10. — The bill to pay the expenses of the Duns- 
more House was the subject of much discussion in the House. 
The following is the vote : 

The members who voted for the bill were: Messrs. Bayer, 
Barnes, Benefiel of Kingman, Benefiel of Montgomery, Bone, 
Blair, Burgard, Bucklin, Campbell of Stafford, Caster. Chr'sman, 
Chambers, Chappell, Chubbuck, Clark of Bourbon, Claycomb, 
Coulson, Cobun, Coulter, Crumley, Daugherty, Dix, Drew.Dolan. 
Douglass of Gray, Doubleday, Dunsmore, Eastman, Everly, Gar- 
rison, Gest, Graham, Green, Grissom, Hackbusch, Hill, Hoch, 
Humphrey, Kelley of Dickinson, Kenton, Kerr, Lamb, Lobdell, 
Lupfer, McAleney, McCliman, McKiunie, McConkey, Morrison, 
Morris, Moss, Newman, Pancake, Pearson, Pritchard, Rawson, 
Remington, Replogle, Rosenthal, Ryan, Ruble, Seaton, Semple, 
Sekavec, Shaw, Sutton, Swan, Tren, vValters, Watson, Wagoner, 
Way, Whittington, Willits, Wilson, Yearick. Total, 76. 

The members voting against the bill (all Republicans) were: 



LETTERS TO GOVERNOR LE WELLING 95 

Messrs. Anderson, Atherton, Axelton, Ballinger, Bishoff, Bowers, 
Bowie, Butler, Campbell of Doniphan, Chandler, Clark of Linn, 
Cubbison, Elting-, Foster, Frazier, Greenlee, Glenn, Hale, Hob- 
son, Hopkins, Hunt, Johnson, Kelley of Kearny, Kline, Knipe, 
Nichols of Seward, Phinney, Powers, Pratt, Price, Pomeroy, Rae- 
mer, Richter, Sherman, Simmons, Stromquist, Troutman, War- 
ner, Zimmerman, and Mr. Speaker Douglass. Total, 40. 

The Senate refused to cot) firm all but one of the police com- 
missioners of Kansas City, Kansas. Mr. Pray was confirmed, and 
Cunningham and Mitchell, charged by the same as being the 
friends of Pete Kline, the lottery dealer, were refused confirma- 
tion. Total appropriations for the biennial period ending June 
30, 1893, exclusive of deficiency appropriations, were $2,510,242; 
deficiency, $350,000. Total appropriations passed upon by this 
Legislature for the biennial period ending June 30, 1895, are, in- 
cluding deficiencies, $2,545,000. 

Saturday, March 11. — The Legislature passed the last bill at 
1 A. M. Sunday morning. Long and busy sessions in both 
Houses. Mr. Taylor's gambling and lottery bills were killed in 
the House, and the House holds the Senate responsible for the 
defeat of the railroad bill. All the necessary appropriation bills 
were pa sed. 

Monday, March 13. — The formal adjournment of the House 
and Senate occurred at 9:45 p. M. Some of the most important 
measures were killed, among them the following : 

The bill to empower railroad commissioners to fix maximum 
freight rates, to abolish discriminations, and to provide for 
election of railroad commissioners by the people, passed by the 
House, but killed by the Senate, because the Senate was not will- 
ing to agree to the provision for the election of commissioners 
by the people. 

The appellate court bill, passed by the House and killed by 
the Senate in the face of the recommendation of its own con- 
ference committee, because the Senate would not consent to 
allow the judges to be elected by the people. 

The congressional apportionment bill, passed by the House, 
but killed by the refusal of the Senate to act upon it. 

The anti-lottery and anti-gambling bills, killed by refusal of 
the Senate to take up for consideration the House amendments. 

ONLY ONE CONSTITUTIONAL AMENDMENT. 

The Legislature passed only one joint resolution for the sub- 
mission to the people of a proposition to amend the Constitution. 
They are to vote at the next general election on the question of 
giving equal suffrage to women. 

ONLY ONE INVESTIGATING COMMITTEE. 

It is the first Legislature that has not appointed a half-dozen 
investigating committees of one kind or another. The only 
investigating committee now out is instructed to investigate the 
charges of the Topeka Capital against James F. Legate, Fred J. 
Close, and John T. Little. 



96 LETTERS TO GOVERNOR LE WELLING. 



OF THE SUPREME COURT OF KANSAS 



VPOX THE 



CONSTITUTIONALITY OF THE HOUSE 

OF REPRESENTATIVES OF THE 

STATE OF KANSAS. 

Organized at the Capitol January io, 1893, and 
Generally Known as the Douglass House. 



The following is the complete oral opinion, as revised, deliv- 
ered by Chief Justice Horton on Saturday, February 25, 1893 : 

The court is under obligations to the able counsel in present- 
ing the case we are called to pass on this morning, both for their 
masterly arguments and the research of the authorities upon the 
questions involved. Yesterday the members of the court con- 
sumed^nearly the entire day in consultation and discussing, so 
far as time would permit, all the material questions in the case. 
This morning I come here to announce my own views, and shall 
now do so on the matters "presented, and will, at the conclusion, 
state the opinions of the other members of the court. 

Before commencing, I should say that as yet no written opin- 
ion has been prepared. We have not had time. After we had 
finished our consultations, I penciled down some notes last even- 
ing at my home. The stenographer has copied them and I will 
refer to them, together with the authorities, in expressing my 
views. Later the opinion of the court will be prepared, and the 
views of the justices fully stated. 

HOW THE CASE ORIGINATED. 

On the 15th of February of the present year, L. C. Gunn 
was arrested by C. C. Clevenger, and soon thereafter he presented 
his petition to one of the justices of this court, asking to be dis- 
charged from arrest and restraint upon the ground that Cleven- 
ger had no authority to arrest or detain him. He alleged that 
Clevenger was acting as the sergeant-at-arms of an alleged House 
of Representatives that had no authority to act as a House. The 
warrant issued to Clevenger as sergeant-at-arms for the arrest of 
Gunn was signed by Douglass as Speaker and attested by Brown 



LETTERS TO GOVERNOR LEWELLING. 97 

as chief clerk, and was attached to the application. Subsequently 
a return was filed by Clevenger as sergeant-at-arms, justifying 
the arrest of Gunn and alleging that his detention was lawful 
upon the ground that he (Clevenger) was the sergeant-at- 
arms of the constitutional House of Representatives of the State 
of Kansas, duly organized by the election of George L. Douglass 
as Speaker, Frank L,. Brown as chief clerk, with other officers, 
and that Gunn refused to obey a subpcenapersonally served upon 
him to appear before the Committee on Elections and testify as a 
witness in a proper investigation then pending before such com- 
mittee of the House. To that return certain exceptions have been 
filed by the petitioner, who has associated with him counsel rep- 
resenting the Governor of the State. Upon the allegations of 
the pleadings thus framed, this court has a proper matter before 
it to hear and determine judicially. The Constitution of the State 
gives this court original jurisdiction in habeas corpus^ and this is 
a proceeding of that character. 

THE QUESTION AT ISSUE. 

The liberty of a citizen is in controversy. But the statute of 
this State provides that no court or judge shall inquire into the 
legality of any judgment or process whereby a party is in custody, 
ordischarge him, when the term of commitment has not expired, 
in the following case, among others : 

Third: For any contempt of any court, officer, or body having- authority 
to commit. 

Therefore, we have before us, necessary for our determination, 
the question whether the body or the House which authorized 
Clevenger as sergeant-at-arms to arrest and detain Gunn had 
any legal or constitutional authority so to do. If there were one 
House only, or the proceedings of one House only, to consider, 
our duty in this manner would be plain and easy. But it appears 
from the journals presented to us that on January 10, 1893, the 
day appointed for the organization of the House of Representa- 
tives of the State of Kansas, there met and attempted to organize 
at the Capitol, in Representative Hall, two Houses, which since 
that time have acted separately and independent of each other. 

THE WW AFFECTING ORGANIZATION. 

We will examine briefly the organization or attempted organi- 
zation of these two alleged Houses. Before doing so, however, 
it is best to understand how a House of Representatives may be 
legally organized. Judge McCrary, in his work upon Elections, 
in Section 509, says: 

It is to be observed in the. outset that when a number of persons come 
together claiming to be members of a legislative body, those persons who 
hold the usual credentials of membership are alone entitled to participate 
in that organization, foritis, as wehavehad occasion several times to repeat, 
a well-settled rule that where there has been an authorized election for an 
office, the certificate of election-, which is sanctioned by law or usage, is 
the prima facie written title to that offi ,-e. 

Judge McCrary, the writer of these words, occupied for many 
- 7— 



98 LETTERS TO GOVERNOR LE WELLING. 

years a seat in the House of Representatives at Washington. He ■ 
was chairman for many years in that body of the Committee 
upon Elections. Subsequently, he was a member of President 
Hayes's cabinet, and later he was the honored judge of the United 
States Circuit Court for the Eighth Circuit, embracing Kansas. 
His book is a standard work, both from his ability and experi- 
ence, and acknowledged to be the leading authority in this 
country upon the questions therein discussed. 

But again: We have what is known as a standard work on 
parliamentary or legislative practice. It is found in almost every 
public library, is examined and referred to by every legislative 
assembly and by every congressional body, and is " Cushing's 
Law and Practice of Legislative Assemblies." Section 229 of 
that work reads : 

The right to assume the functions of a member in the first instance, and to 
participate in the preliminary proceedings and organization, depends wholly 
and exclusively upon the returns or certificates of election. 

And in Section 240 it is said : 

Thel principles of parliamentary law applicable to the question are 
perfectly simple and -plain, founded in the very nature of things, established 
by the uniform practice and authority of Parliament, confirmed by reason 
and analogy. These principles are as follows : 

First: That every person duly returned is a member, whether legally 
elected or not, until his election is set aside. 

Second: That no person who is not duly returned is a member, although 
legally elected, until his election is established. 

Third: That conflicting claimants, both in form legally returned (that 
would be where two persons had certificates), are neither of them entitled to 
be considered as members until the question between them has been settled. 

Fourth: That those members who are duly returned, and they alone 
(the members whose rights are to be determined being excluded), constitute 
the judicial tribunal for the decision of all questions of this nature. 

Upon this question of certificates, I cite the case which was 
referred to on yesterday. It is the case in the United States Sen- 
ate from Montana, and is the latest utterance of the highest leg- 
islative body in this land. In the report of the majority of the 
committee it is said : 

The majority of the committee are of opinion that if this body of persons 
had lawful and constitutional certificates of their election, that title is a 
good title against all the world, governing their associates in that body, gov- 
erning the Senate, governing everybody who has a lawful duty to determine 
who are lawfully elected representatives, until there can be an adjudication 
by the House itself to the contrary, and that nobody can be heard to say, and 
that no authority can be permitted to inquire into or determine the actual 
facts of the election as against that title. — 51 Cong., 1st Session, Cong. Record, 
Vol. 2i, Part 3d, 2906-2910. 

The majority of the committee were all Republican members 
of the United States Senate; but Senator Gray, from Delaware, 
one of the most distinguished lawyers and Democrats of that 
body, made a minority report, and in such report admitted the 
rule proclaimed by the majority of the committee concerning 
certificates of election issued to members of a Legislature. In 
his report he said : 

I may say, for the minority of the committee, that we accept as a postulate 
the proposition laid down by the Senator from Massachusetts, and do not 
differ at all, in considering this case, from him in the position that we 
should seek here, in the first place, to discover the lawful body clothed with 



LETTERS TO GOVERNOR LEWELLING. 99 

legislative power who has chosen a senator, and that to determine whether 
it be such lawful body, we shall be bound in the first instance by the fact 
that such body is composed of members who hold credentials from an officer 
or board clothed with authority in the premises to make such credentials. 

This subject has also received the recent attention of the 
Supreme Court of Nebraska in a case in which the opinion was 
handed down as late as the 17th of January of the present year, 
upon a matter involving the certificate of the election of a 
member of the Legislature. The court said : 

It is contemplated that each House of the Legislature shall be organized 
by the persons who are prima facie members thereof. 

It requires no argument to prove the disastrous consequences of a differ- 
ent construction of the Constitution.— State vs. Van Camp {Manuscript. 

I may add that the scenes which have occurred in this Capitol 
during the past two weeks are sufficient justification for the View 
of the Supreme Court of Nebraska. But more than this: Our 
own statutes clearly provide that the Legislature — that the 
Senate and the House of Representatives, when they convene — 
shall, in the first instance, be constituted only of those members 
who have certificates of election. They provide that after an 
election is held in November, speedy steps shall be taken for the 
returns of the county canvassing boards; then the clerks of these 
boards shall make returns to the State board of canvassers; and 
then, after a certain length of time, the State board of canvassers 
shall make an examination of these returns and issue certificates 
to the persons appearing to be elected. More than this: The 
State of Kansas has been in existence for over thirty years. It 
is recognized everywhere that practice and usage are to be con- 
sidered upon questions of this character. It has been the univer- 
sal practice and usage of the legislative Houses of Kansas to be 
organized by the admission, in the first instance, of persons 
holding certificates of election. This has been the universal 
practice in Kansas. Now, against this, what can be said, and 
what authorities are brought? 

THAT MAINE CASE. 

A case is cited from Maine, and, in my view, with the excep- 
tion of a few words in the opinion, I concur in all that is said by 
the Supreme Court of Maine. In that State the returns were 
made to the State canvassing board. Under the authority of the 
Constitution, the State officials submitted certain questions to the 
Supreme Court as to their duty concerning the canvass of those 
returns. The Supreme Court of Maine gave advice, which, in 
substance, was that the State board should canvass those returns 
as they appeared upon their face; that lliey were ministerial offi- 
cers only, and had no authority whatever to go back of the returns, 
or to hear and act upon other evidence. In violation of the Con- 
stitution of that State, in violation of the statutes of the State, 
and contrary to the express advice of the Supreme Court of the 
State, the board of canvassers refused to accept the returns duly 
filed with them. Under such a condition of affairs, the Supreme 
Court of Maine ruled that those returns were better evidence 

L.ofC.j 



100 LETTERS TO GOVERNOR LE WELLING. 

than the fraudulent certificates issued by the State board of can- 
vassers in violation of the Constitution, in violation of the statutes, 
and contrary to the advice of the Supreme Court. 

NOT A PARAI^EI, CASK AT AU,. 

In this case no such condition of affairs appears. There has 
been offered in evidence the certified list of members who appear 
to have been elected. Accompanying that certificate is a state- 
ment of the returns on file in the office of the Secretary of State, 
with a statement of how many votes each member received. 
Here let me say, that while there has been much discussion 
about what fraudulent canvassing boards might do, and what 
frauds canvassing boards might commit, there has not been 
presented in this case any evidence showing that the returns 
of election on file in the office of the Secretary of State could 
have been canvassed in any manner other than they were can- 
vassed. There have been other cases in this court, growing out 
of certificates of election, and in all the cases presented to this 
court there has been no showing of bad faith, or fraudulent action, 
or of improper conduct on the part of any one of the State or 
county canvassing boards. In one case, it appeared that Joseph 
Rosenthal had been found elected by the board of canvassers in 
Haskell County. That board did its duty; that board did no 
wrong; but the clerk of that board, intentionally or unintention- 
ally, I care not which, sent an erroneous return to the State board 
of canvassers, but that mistake was not attempted to be corrected 
until after the State board had finally adjourned. That board 
stated that it could not meet again and canvass the later or the 
subsequent return. This court, in accordance with all the 
authorities, sustained the State board of canvassers in their action, 
and if any one had the right to complain of that decision, it was 
Joseph Rosenthal, And yet Joseph Rosenthal, after he had heard 
the decision of this court delivered, presented to the Chief Justice 
of this court a letter, stating that he was convinced that the de- 
cision of this court was the law, and that he respected the court 
for its decision. 

Th£ dunsmore journal. 

But more than this : There has been presented here what is 
known as the revised journal of the Dunsmore House. I judge 
that the journal has been carefully prepared, and that it is at- 
tempted to fully state what occurred according to the views of 
the parties or of the body under whose order it was prepared 
and which has approved it, and yet the journal day after day 
seems to recognize that only certified members have the 
authority to act. Let me read : " The call of the roll was re- 
ceived from the Secretary of State, and the following members 
were present and answered to their names," and it gives the 
names of fifty-eight. " The following members were present and 
did not respond to the call of the roll," fifty-seven. Then it 
says, " total number of members present, 115," being more than 



LETTERS TO GOVERNOR LE WELLING. 101 

a constitutional quorum. Therefore this journal at that place 
only counts the members who appear upon the roll of the Secre- 
tary of State. It says the number was 115, "fifty-eight voting, 
answering the call, and fifty-seven not answering the call." It 
then states, " the following named contestants for seats were 
present," but does not include them in the quorum or in the 
number of 115. It says they numbered ten. 

Again : On the second day of the meeting of what is known 
as the Dunsmore House, I read : " The House met pursuant to 
adjournment, Speaker Dunsmore in the chair. The roll was 
called and the following named members answered to their 
names," and the number is fifty-seven. That is all that answered. 
Then it says, "the following members were present, but did not 
answer to the roll-call," and they were sixteen; and then it says, 
"the whole number of members present was seventy-three," — 
sixteen and fifty-seven, — being ten more than a constitutional 
quorum, and every day of this journal the same record is kept 
up until after the report of the Committee on Elections and 
certain other persons were admitted. So that not only do the 
authorities hold that the persons having the certificates of elec- 
tion are the ones to participate in the organization of the House 
of Representatives, but the revised journal of the Dunsmore 
House shows that its members recognized that principle, if this 
revision is correct. I know that Mr. Rich has made some different 
statements. I know that a certain journal presented here, of 
the same body, reads differently. I am now accepting the revised 
journal as the true statement of the condition of affairs in the 
Dunsmore House. Of course, the petitioner cannot object to 
that journal. So I say, not only do the authorities, parlia- 
mentary and legislative, sustain the theory that the persons 
having certificates are the ones to organize, not only does the 
practice and the usage prevailing in Kansas since its organiza- 
tion and admission as a State sustain that rule, but the newly 
prepared journal of the Dunsmore House recognizes this and 
states, not that the contestants were voting, not that the con- 
testants appeared for the purpose of being counted, but excludes 
them all the time, until after they were admitted upon a report 
of the election committee, and it counts only those who answered 
to the roll-call, and then counts a few who did not answer. 

It seems that while ten contestants are marked in the Duns- 
more journal as present, but not voting, ten names on the certi- 
fied roll are wholly omitted. Any rightful reason for such 
omission does not appear. I cannot perceive any valid reason for * 
such omission, even if ten certified members had their seats con- 
tested. Every person duly returned to a House of Representa- 
tives, and having a certificate, is a member thereof, whether 
elected or not, whether eligible or not, until his election is set 
aside. And this must be set aside by the House, not by the indi- 
vidual members before organization, not by any one member, 
not by any contestant, not by any mob. Before organization, a 
few members properly elected, meeting in caucus or otherwise 



102 LETTERS TO GOVERNOR LE WELLING. 

can not pass upon the "elections, returns, and qualifications" 
of the members of the House, to be thereafter organized. If one 
member, before organization, can object to any other member 
duly returned and having a certificate, then all members can be 
objected to, and there could be no one left to organize any House. 
In McCrary on Elections (2d Ed.) , Section 204, the law is thus 
stated : 

Where two or more persons claim the same office, and where a judicial 
investigation is required to settle the contest upon the merits, it is often 
necessary to determine which of the claimants shall be permitted to qualify 
and to exercise the functions of the office pending such investigation. If 
the office were to remain vacant pending the contest, it might frequently 
happen that the greater part of the term would expire before it could be 
filled ; and thus the interests of the people might suffer for the want of a 
public officer' Besides, if the mere institution of a contest were deemed suffi- 
cient to prevent the swearing in of the person holding the usual credentials, 
it is easy to see that very great and serious injustice might be done. If this 
were the rule, it would only be necessary for an evil-disposed person to con- 
test the right of his successful rival, and to protract the contest as long as 
possible, in order to deprive the latter of his office for at least a part of the 
term. And this might be done by a contest having little or no merit on his 
side, for it would be impossible to discover, in advance of an investigation, 
the absence of merit. And again, if the party holding the ordinary creden- 
tials to an office could be kept out of the office by the mere institution of a 
contest, the organization of a legislative body— such, for example, as the 
House of Representatives of the United States— might be altogether pre- 
vented, by instituting contests against a majority of the members, or, what 
is more to be apprehended, the relative strength of political parties in such 
a body might be changed, by instituting contests against members of one or 
the other of such parties. These considerations have made it necessary to 
adopt and to adhere to the rule, that the person holding the ordinary cre- 
dentials shall be qualified and allowed to act pending a contest and until a 
decision can be had on the merits. 

A UNIVERSAL PRACTICE. 

Now, why should not this principle be followed? Why should 
not this rule, which is universal throughout the States of this 
Union and which is accepted and adopted by Congress, be fol- 
lowed in the State of Kansas ? It has history to sustain it ; it has 
the wisdom of long years of legislative experience to sustain it; 
it has reason to sustain it. And let me here remark that in every 
State of this Union where, through political excitement or per- 
sonal contests, a different rule has been adopted, disturbance and 
violence and almost bloodshed have always occurred. You take 
Alabama, where they attempted to hold two independent Houses, 
and disastrous consequences followed, until public opinion com- 
pelled those two bodies to meet together and act in harmony. 
You take Montana, where they attempted to disregard this well- 
settled rule, and disturbance and conflict occurred. You take 
Maine, where the State boards of canvassers refused to canvass 
the returns on file in the office of the Secretary of State as 
required by the Constitution, and bloodshed seemed at times 
imminent, but public opinion in that State compelled those two 
separate bodies to unite and act together for the benefit of the 
State, and not for the benefit of any party. You take the State 
of Kansas for the past three or four weeks, and will any one say 
to me or to you that the variation of this well-settled rule or this 



LETTERS TO GOVERNOR LEWELLING. 103 

recognized practice of all legislative assemblies has conduced to 
the peace, to the quiet, and to the good order of the citizens of 
Kansas, or to the peace and good order of the legislative assembly 
of the State ? Then why not, if this court has the power,— and I 
will come to that hereafter, — why not, if this court has the power, 
say that it will recognize, if it can do so, that House which has 
followed the usual and ordinary practice of all legislative assem- 
blies in organizing ? 

HOW A QUORUM WAS SECURED. 

The journal of the Dunsmore House states the number 
of persons who were present and answered to the roll-call, and 
then states how many persons were present who did not answer 
and the quorum is made up — how ? By counting the persons 
who answered to the roll-call. That is right— sometimes fifty- 
five, sometimes fifty-seven, and sometimes fifty-eight; and then 
by counting in addition, as the journal says, persons upon the 
roll who were present but did not vote. Can this be done? 

THE REED RUEE. 

I know that very much is said about the prevailing practice in 
Washington in the House of Representatives under what is 
known as the Reed rule, and many persons who have not taken 
time to examine this question have said that under the Reed rule 
in any assembly, or in any Legislature, or in any convention, if 
persons are present and do not vote or answer to their names, 
the Speaker or the clerk may count them in order to make a 
quorum. It would seem to me that what is known as the Duns- 
more House, or the persons who prepared this revised journal, 
acted upon this theory, because in no other way could they count 
a quorum. But an examination of what is known as the Reed 
rule permits no such thing whatever to be done. The Reed rule 
was a subject of investigation before the Supreme Court of the 
United States upon what is known as the Tariff Bill. Itis reported 
in United States vs. Ballin, 144 U. S., page 1. It appears from 
that decision that before the Speaker or the clerk counted any 
one present, not voting, that (the House of Representatives had 
expressly adopted a rule upon that question, and that rule is as 
follows • 

On the demand of any member, or at the suggestion of the Speaker, names 
of members sufficient to make a quorum in the hall of the House who do not 
vote shall be noted by the clerk and recorded in the journal, and reported to 
the Spe?ker with the names of the members voting, and be counted and an- 
nounced in determining the presence of a quorum to do business. 

The Supreme Court says that after the House adopts such a 
rule, under the authority of the House itself, the Speaker may 
order persons present and not voting to be counted to constitute 
a quorum, but that court did not hold, in the absence of an ex- 
press rule, that the Speaker or the clerk, or any other person, 
could assume that those persons present in a House, who do not 
answer to their names on the roll-call, or who do not vote, shall, 



104 LETTERS TO GOVERNOR LE WELLING. 

for the purpose of a quorum, be counted as present. Therefore 
the counting of such votes in the record or journal of the Duns- 
more House has no foundation to rest upon. There is no pre- 
tense that such a rule as the Reed rule was adopted by either of 
the Houses. There is no pretense that the Speaker of the Duns- 
more House had any authority from the House to do what was 
done in this case. But more than that : The persons who were 
called and counted as present and voting, in order to constitute a 
quorum in the Dunsmore House, were never members of the 
Dunsmore House, never recognized Mr. Dunsmore as Speaker, 
and, according to the evidence of Mr. Dunsmore, each one of 
the bodies or Houses, after it organized, acted separately and 
had nothing whatever to do with the other. Speaker Reed 
never called, in order to constitute a quorum, the name of any 
person in the House of Representatives who refused to consider 
and recognize him as Speaker of that House. Kven under such 
a rule as was adopted by Congress, he would not call the name of 
any person who had not recognized that body as the constitu- 
tional body, the legal House. 

ORGANIZATION OF THF, DOUGLASS HOUSK. 

Let us now take up the organization of the two alleged Houses, 
first the Douglass House. There can be no reasonable question 
but that George L. Douglass, the Speaker who signed the war- 
rant of arrest, and Frank Iy. Brown, who attested the warrant as 
chief clerk, and C. C. Clevenger, the sergeant-at-arms, who made 
the arrest we are now investigating, were elected to their several 
positions by sixty-four members of the House of Representatives 
holding certificates of election, and that a majority of the one- 
hundred and twenty-five members voting for them held certifi- 
cates in accordance with the returns on file in the office of the 
Secretary of State. 

Mr. Justice Brewer, in delivering the opinion in United States 
vs. Battin y said: 

The question, therefore, is as to the validity of this rule, and not what 
methods the Speaker may of his own motion resort to for determining- the 
presence of a quorum, nor what matters the Speaker or clerk may of their 
own volition place upon the journal. Neither do the advantages or disad- 
vantages, the wisdom or folly, of such a rule present any matters for j udicial 
consideration. With the courts the question is only one of power. The 
Constitution empowers each House to determine its rules of proceedings. 
* * * The Constitution provides that "a majority of each [House] shall 
constitute a quorum to do business." In other words, when a majority are 
present the House is in a position to do business. Its capacity to transact 
business is then established, created by the mere presence of a majority, and 
does not depend upon the disposition or assent or action of any single 
member or fraction of the majority present. All that the Constitution 
requires is the presence of a majority, and when that majority are present 
the power of the House arises. 

The Constitution of our State ordains that a majority of each 
House shall constitute a quorum. The House of Representatives 
consists of one hundred and twenty-five members ; sixty-three is 
a majority and a quorum. When a majority or quorum are 
present the House can do business; not otherwise. A quorum 



LETTERS TO GOVERNOR LE WELLING. 105 

possesses all the powers of the whole body; a majority of which 
quorum must, of course, govern. If less than sixty-three 
members are present in the House, there is no quorum. The 
body may adjourn from day to day, but can not elect officers, 
transact business, or admit new members. Less than a quorum 
can not "judge of the elections, returns, and qualifications" of 
the members of the Rouse. A major part of the whole of a house 
is necessary to constitute a quorum, and a majority of the 
quorum, of course, as I have said, may act; but if the major part 
withdraw so as to leave no quorum, the power of the minority to 
act ceases. {Brown vs. District of Columbia, 127 U. S. 579.) 

Then, under the usual forms of law, under the universal prac- 
tice adopted in this State, and in all the legislative bodies of all 
the States of the Union, the Douglass House was organized by a 
legal and constitutional majority, as evidenced by the certificates 
of election. 

NO IRREGULARITY. 

There has been some contention that there w r ere irregularities 
in the organization of the Douglass House. Now, what was the 
irregularity, if any? The statute of this State provides that 
when the House of Representatives convenes, the Secretary of 
State shall lay before it a roll. Of what? A roll of the certi- 
fied members of the House according to the returns in his 
office. Upon the day that the House of Representatives met, 
Secretary of State Osborn went into the hall about an hour and 
twenty minutes after the members had assembled, with a roll ; 
the statute says he might have brought that in and left it. There 
seems to have been a contention there as to whether he should 
preside, and the Secretary of State, probably desiring no trouble 
with these conflicting interests, stepped out. All that Secretary 
Osborn had was a certified list of members from his office. 
When he stepped out, a member presented another. Somebody 
has said that that was dated the day before; it was a duplicate of 
the other roll. Secretary Osborn read his roll in this court and 
it was compared in the presence of the court with the roll certified 
the day before. There was no difference between those rolls. 
The provision requiring the Secretary of State to lay the list 
before the members is only directory. It does not prevent a 
legislative body from organizing. Of course, there might have 
been a little more formality about this matter; there might have 
been a little more order; there might have been less excitement; 
but when Secretary Osborn withdrew, another roll was pro- 
duced, a roll which everybody admits was a duplicate of his roll ; 
the House organized upon that roll. 

I have said that Speaker Douglass and the other officers re- 
ceived more than a majority of the duly certified members of the 
House. The Speaker of the House known as the Dunsmore 
House received no votes from the sixty- four members. There 
does not seem to be atiy reasonable contention about that. How 
many Mr, Dunsmore did receive it is impossible to tell, because 



106 LETTERS TO GOVERNOR LE WELLING. 

his was a viva voce vote. Now, after there was a temporary 
organization of the Douglass House, Joseph Rosenthal, of Haskell 
County, was voted in as a member in the place of A. W. Stubbs. 
On January 12th, Joseph Rosenthal, Stephen Meagher, and T. G, 
Chambers, all Democrats, appeared in the Douglass House, filed 
their oaths of office, and recognized the Douglass House as the 
legal House of Representatives of the State of Kansas. At this 
time, both Meagher and Chambers held certificates of election; 
the returns in the office of the Secretary of State showed that 
they were elected; therefore, since January 12th the Douglass 
House has been composed of sixty-six members with certificates 
of election, and also Joseph Rosenthal, who was admitted after its 
temporary organization, making sixty-seven members — more than 
a majority of the House and more than a quorum as defined by 
.the Constitution of the State. 

Under these circumstances, why was not the Douglass House 
a legally organized House of Representatives on the 10th and nth 
days of January, 1893? In this connection, it is significant that 
the Governor did not recognize the Dunsmore House until Jan- 
uary 12th, the third day of the session, and the Senate did not 
formally recognize the Dunsmore House until January 14th, the 
fifth day of the session. If the Douglass House was organized on 
the 10th of January, and was in session on the nth day of January, 
before either House had been recognized, why was not that House 
at that time the properly organized House? The Constitution 
says that the Legislature shall consist of a House of Representa- 
tives and a Senate. On the 10th the Governor had not recognized 
the Dunsmore House; on the nth the Governor had not recog- 
nized the Dunsmore House; neither had the Senate recognized 
either House; neither had the Governor recognized either 
House. Now it is conceded that a House of Representatives has 
other duties than mere legislative ones. Before it sends its com- 
munication to the Governor, before it sends its communication to 
the Senate, if it legally meets and organizes, is it not a House ? Has 
it not the right to protect itself? Has it not the right to issue sub- 
poenas? Has it not the right to examine those things which per- 
tain solely and exclusively to the House itself? Supposing in 
this case there was no recognition of the Dunsmore House by the 
Governor or the Senate, and the Douglass House had issued its 
warrant upon proper resolutions, could it be said the Douglass 
House was not the constitutional House because it had not re- 
ceived recognition from the Governor, or because it had not yet 
received recognition from the Senate? Up to this time, every- 
body admits that there might be some little delay about such 
things ; it often occurs in legislative experience that one body is 
organized some days before the other. There may be conflicting 
interests about organization, sometimes in the Senate, but more 
often, of course, in the lower House. Now, the point I desire to 
make is this — and it seems to me conclusive and unanswerable — 
that if the Douglass House had a constitutional majority of the 
certified members upon the 10th and nth days of January, then 



LETTERS TO GOVERNOR IJtWELLING. 107 

luring those two days it was the House, it was the legal House, 
it was the constitutional House, and had the right to do all those 
things necessary, outside of legislative matters, for its protection, 
for preventing disturbance, for purging itself of illegal members. 
It had the right then to punish parties for contempt, if they dis- 
obeyed its orders. Let us take an illustration : One hundred and 
twenty- five members of the Legislature meet together, and there 
is no conflict. They organize the House and the Senate is delayed 
in its organization and the Governor delays in answering its com- 
munications; has not that House during the time of this delay all 
rights of the legal and constitutional House of Representatives ? 
Has it not the right, the moment it is legally organized, to require 
order within its body? Has it not the right, the very minute it is 
organized, to say to any person within its hall, who attempts to 
insult its Speaker or disturb a member, "We will lay hands on • 
you, because inhering in this body is the power of its own 
protection"? 

It was decided in State vs. Hilly er, 2 Kas. 18, that : 

There is no constitutional inhibition of the session of one branch of the 
Legislature when the other is not in session ; and, Semble, the separate 
action of one body may be valid in the absence or non-organization of the 
other. 

Then if the Douglass House was legally organized, and had 
a constitutional majority, as I understand the law, it had the 
right to keep a journal before the Governor recognized it; it had 
the right to keep a journal before the Senate recognized it. The 
journal of a legislative body commences at its very organization. 

The journal of a legislative House does not commence with 
the recognition from the Governor; it does not commence w 7 ith the 
recognition from the Senate. If the Douglass House w 7 as legally 
and constitutionally organized, and was legally and constitu- 
tionally in session, is not the journal of the Douglass House, 
made on the 10th and nth days of January, binding and con- 
clusive upon this court? This court has said that a journal 
properly made by the Legislature is such evidence. {Division oj 
Hozvard Comity, 15 Kas. 194.) I am now talking about the journal 
of the Douglass House made on the 10th and nth days of Jan- 
uary, before any recognition of either body ; before the recog- 
nition from the Senate or Governor of the House. Either we 
must say that the House of Representatives depends for its exist- 
ence upon recognition from the Governor, or depends for its 
existence upon recognition from the Senate, or depends for its 
existence upon the recognition from both of these, or else we 
must say that thejournal kept by the body that is organized is 
the conclusive journal to this court up to the time of the recog- 
nition of the other House. Then it seems to me that thus far in 
the case there ought to be no disagreement. 

Now, the Douglass House having been legally organized and 
having made a journal for a day or two before any recognition of 
either House, it seems that this journal for those days must be 
received as evidence for all it recites. 

As the Douglass House has continued in existence ever since 



108 LETTERS TO GOVERNOR LEVELLING. 

it was legally and constitutionally organized, its journal must 
import absolute verity, not only for the two days before recog- 
nition of the Dunsmore House, but during all of the time of its 
existence, unless it has in some way been ousted, destroyed, or 
dissolved. Clearly, if its legislative journal is good for January 
ioth and nth, it is good for all time, if the Douglass House was 
legally organized and continued during the days of its journal 
to be a legal and constitutional House. 

At this time, without going extensively in the transactions 
of the two bodies, it is sufficient to say that the Douglass House 
has always met in the Hall of Representatives in the Capitol, 
where it has been usual and customary, since the erection of that 
hall, for the House of Representatives to meet and transact 
business. 

It is true that another body, called the Dunsmore House, with 
fifty.eight members having certificates, met in a portion of the 
same hall, and hence there were two alleged Houses in the same 
hall doing or attempting to do business. The two alleged Houses 
are the real cause of" the contention now before us. 

If there were not, there would not be any trouble in this case, 
and there piobably would not be this case for the court to hear 
and decide at this time. It is also clear that, so far as it could do 
business, it has carried on business. 

the court's jurisdiction. 

At this point it is urged with great ability and zeal that this 
court has no jurisdiction to pass upon the question of the legality 
of either of these two Houses — as it appears that there were two 
alleged Houses. Its right to do so is denied by the petitioner 
and by the able counsel who represent the Governor. As was 
said by Chief Justice Marshall in Cohens vs. Virginia, " It is most 
true that this court will not take jurisdiction if it should not ; 
but it is equally true that it must take jurisdiction if it should." 
The judiciary cannot, as the Legislature may, avoid a measure 
because it approaches the confines of the Constitution. We can- 
not pass it by because it is doubtful ; because it is unpleasant. 
With whatever doubts or with whatever difficulties a case may be 
attended, we must decide it as best we can if it be brought before 
us. We have no more right to decline to exercise the jurisdic- 
tion thus given, than to usurp that which is not given. 

Let us see what the authorities are upon this point. I read 
again from the able work of Judge McCrary. He says : 

The cases in which the official acts or votes of members of a legislative 
body who are such de facto only, and not de jure, have been held valid, are 
all cases in which there has been no question as to the legality of the body 
in which they sat. They are cases in which the body admitting such persons 
was, in doing so, acting within its admitted jurisdiction, and in such cases 
the courts will not inquire into the title of such members to their seats. The 
courts in such cases will go no further than to inquire as to the legal status 
and the authority of the body as a whole; but where there are two bodies 
each claiming to be the Legislature, then the court whose duty it is to 
respect and execute the acts of such Legislature must of necessity decide 
which is the Legislature. 



LETTERS TO GOVERNOR LEWELLING. 109 

Then again : Under the Constitution of Maine, the Legisla- 
ture could propound questions to the Supreme Court of that 
State, and in a certain case they did propound questions, and this 
is what the Supreme Court of Maine said : 

When different bodies of men, each claiming- to be and to exercise the 
functions of the legislative department of the State, appear, each asserting 
their title to be regarded as the law-givers for the people, it is the obvious 
duty of the judicial department, which must inevitably at no distant da}' 
take up the question and pass upon the validity of the laws that may be en- 
acted by the respective claimants to legislative authority, to inquire and 
ascertain for themselves, with or without questions presented by the claim- 
ants, which of them lawfully represent the people from whom they derive 
their power. There can be but one lawful Legislature, and the court must 
know for itself whose enactmentsit will recognize as laws of binding force, 
when brought judicially before it. In a thousand ways it becomes essen- 
tial that the court should forthwith ascertain and take judicial cognizance 
of the question, "Which is the true Legislature? " 

Now, in the 71st Maine, in a case concerning an office, — not 
upon questions submitted, but upon a case concerning an office 
which was brought before the court in the regular way, — the court 
repeats the identical language used in the advice given upon the 
former occasion. 

If it is the obvious duty of the judicial department to pass upon 
the claims of two legislative bodies or assemblies, then it is also 
the duty of the judicial department to pass upon the legality of 
two different Houses, both claiming to be the House of Repre- 
sentatives. 

It has been said that there are some views the other way, and 
a case from Pennsylvania is cited and a case from Georgia is 
cited. In the Pennsylvania case, the exact question as to the 
division of the Legistature was not before the court. If the court 
intended to say in that case that an injunction would not be 
granted against the supreme Legislature, this court would readily 
concur with it. If it intended to go further than that, this court 
then calls the attention of counsel to the fact that upon political 
questions, as they are denominated in Pennsylvania and Georgia 
and some other States, this court has heretofore differed from 
the courts of those States. 

the; martin case. 

In the case which involved the late Governor Martin, the 
question was raised whether he could be compelled by writ of 
this court to organize a county in this State. Governor Martin 
had been advised that under the decisions of Georgia and Penn- 
sylvania and other States this court had no authority whatever by 
writ of mandamus or other pioceedings to give him advice or 
direct him in a ministerial matter. He came before this court 
saying that the court had no authority, under the decisions of 
several States, to inquire into any matter against him as Gov- 
ernor. This court examined the matter patiently and carefully. 
There were no politics in that case . The Governor believed his 
duty was one way, and this court, after examining the matter, 
said that the rule laid down in Pennsylvania and Georgia, and in 
other States, was not the best rule and was not the one which 



110 LETTERS TO GOVERNOR LE WELLING. 

should be recognized. We referred directly to Pennsylvania and 
Georgia decisions upon this question. The latter were to the 
effect that the court can not compel the Governor to perform a 
ministerial act, that it can not touch anywhere his domain of 
duties of any kind or character. It is true dissenting opinions 
were filed in some of those cases, but it is the majority of the 
court that always rules. A majority of the court in Pennsylvania 
and Georgia held that neither the Supreme Court nor any other 
court had any right to inquire about a duty of the Governor con- 
cerning any matter, whether ministerial, discretionary, or any- 
thing else. In the case of Martin vs. Ingram, found in the 38th 
Kansas on page 641, the decisions are cited. They are all gone 
over, and in a most learned and able opinion by Mr. Justice 
Valentine this whole question is examined, and, so far as that 
particular question was concerned, was then settled. This court 
differed from the Supreme Courts of the States of Pennsylvania 
and Georgia, and although the Governor of this State said, "You 
have no right to give me advice," and although it was said the 
Governor was beyond the power of this court, and that we should 
hesitate before we attempted to enforce his duties, this court 
unanimously went upon the discharge of its duties in the best 
way it could, and in response to the suggestion that the Governor 
would not obey, the court .said : 

It is said that if the Governor opposes the order or judgment of the court, 
it cannot be enforced,' for, it is said, he has entire control of the militia. But 
are the courts to anticipate that the Governor will not perform his duties ? 
Should not the courts rather presume that when a controversy is determined 
by the courts, the only tribunals authorized by the Constitution or the stat- 
utes to construe the laws and determine controversies by way of judicial 
determination, that the Governor, as the chief executive officer of the State, 
would see that such determination should be carried into full effect? Such 
would be his duty, and no one should suppose that he would fail to perform 
his duty when his duty is made manifest byjudicial determination of the 
courts. No department should ever cease to perform its functions for fear 
some other department may render its acts nugatory, or for fear that its 
acts may in some manner affect the conduct or the status of some other 
department. 

In this case, we are not called upon to make any order con- 
cerning the Governor; in this case, we are not called upon to 
make any order concerning the State Senate ; we are simply 
called upon to exercise our judicial determination as to which is 
the legally organized and constitutional House of Representa- 
tives. There can be no conflict; there should be no conflict. 
The court is answerable to the people of this State ; the Gov- 
ernor is answerable to the people of this State; the House is 
answerable to the people of this State. 

But again: In 1879 the House of Representatives of this 
State associated with itself some persons above the number of 
one hundred and twenty-five. An act was passed by the Legis- 
. lature ; it was passed by what was called the House ; it was 
passed by the Senate and approved by the Governor ; it was 
published in the State paper; and yet, when that act of the 
Legislature came before this court for examination, it said "that 
the House of Representatives had no lawful authority to pass 



LETTERS TO GOVERNOR LE WELLING. Ill 

the act," and it wiped it out of existence. There was no conflict 
between the Governor and the Senate or the House in doing this 
thing. Supposing the Legislature of 1879 had passed every act 
by votes of that character, and they had been proclaimed and 
published, this court's duty would have been to have declared 
every such act void. 

DEFINES THE POWER OF THE COURT. 

It is said that we cannot find a line in the Constitution giving 
this court authority to pass upon this question of organization. 
It is the acknowledged power of this court to finally pass upon 
every act of the Legislature. It is the acknowledged power 
of this court to declare acts of the Legislature void. In the 
case in the 20th Kansas, the Francis case, there was nothing 
upon the face of the act to show but what it was a legal enact- 
ment. It was properly signed ; it was properly enrolled; it was 
properly published ; but this court went into the House of 
Representatives and examined its journals and ascertained that 
the House was not a constitutional body, and it stamped the 
so-called act out of existence. It had the power to do it, and 
that decision has been recognized ever since. 

Now it is said that the court cannot inquire by quo warranto 
into the right of membership of these respective bodies. This 
court said that, and I delivered the opinion in the Tomlinson 
case in the 20th Kansas, 692 ; but when this court has the ulti- 
mate right and duty to pass upon acts of the Legislature, it has 
a'.so the right to pass upon the organization of the Legislature, 
or either or both Houses ; although it has no right whatever, 
after the Legislature is organized, to deal with any question con- 
cerning "the qualifications or the elections or the returns of the 
members." 

But it is claimed that the Douglass House has been destroyed 
or ousted by the recognition of the Dunsmore House from the 
Governor and the Senate. The Governor did not recognize the 
Dunsmore House until January 12th, the third day of the session, 
and I gather from the journals that the Senate did not formally 
recognize the Dunsmore House until the 14th day of January, the 
fifth day of the session. It is true it appears that the secretary of 
the Senate went to the Dunsmore House and presented some 
communications before that date, but he explains that it was 
not by order of the Senate, but because some of the senators 
asked him to do so. 

RECOGNITION' BY THE GOVERNOR AND SENATE DOES NOT CREATE 
A HOUSE. 

Now, the conclusion I have reached is that, taking the journals 
before us, the House that the Governor recognized consisted of 
fifty-eight members - not a constitutional quorum, not a consti- 
tutional majority ; the House that the Senate recognized con- 
sisted of fifty-eight members -not a constitutional quorum, not a 



112 LETTERS TO GOVERNOR LE WELLING. 

constitutional majority. It has been said that as the Governor 
must act in this matter, that as the Senate must act in this mat- 
ter, should not their actions be final and conclusive ? That seems 
to be one theory. If that is the correct view, the court's connec- 
tion with the case would be very brief. All we would have to do 
would be to ask: "What did the Governor do? What did 
the Senate do?" I admit that for certain purposes recogni- 
tion from the the Governor should be considered ; I admit 
that for certain purposes recognition from the Senate 
should be considered. All departments of the government 
should pay all proper respect to the acts of all other depart- 
ments. The Governor, overwhelmed with business, perplexed 
with the duties surrounding him, not having time to inves- 
tigate, recognizes a body which is not a constitutional body. 
The Senate passed a resolution to investigate, but, examining the 
journal, I cannot find any report upon that resolution. They 
recognize a body not a constitutional body. Is such a recogni- 
tion final? Is it conclusive? Does it bind this court? Is the 
end of the duty of this court to simply inquire what are the 
records in the office of the Governor and the State Senate ? I 
admit that if, after such. recognition, the Douglass House had 
voluntarily departed from that room and had gone their several 
ways to their homes, and that body of fifty-eight members had 
increased its membership in any way it pleased, by lawyers, by 
doctors, by anybody, and they had gone on and continued busi- 
ness without interference and without challenge, such recognition 
would have some weight. But that is not the case presented 
here. It even appears that in the State Senate there were able 
and distinguished members outside of what is called the minority 
party, who seem to think that recognition of the Dunsmore 
House by the Senate was not proper under all the circumstances. 
I find in the journal the name of Senator Taylor, of Wyandotte 
County; I find the name of Senator O'Bryan ; I find the name 
of Senator Dillard. If I read the journal correctly, these meii 
seem to differ from the majority and not to agree upon recogni- 
tion at the time it was made. 

But the Constitution. ordains that it takes a majority of each 
House to constitute a quorum. The Governor cannot recognize 
as a House a body w T hich has no quorum, which is not a consti- 
tutional House. The Governor cannot create a House out of an 
unorganized or unconstitutional body, at his own will. He 

cannot abolish or destroy, by his order, any legal or constitu- 
tional House of Representatives. The Senate cannot create or 
abolish a House of Representatives. It cannot recognize an un- 
organized or an unconstitutional body as a legal or constitutional 
House. Neither the Governor nor the Senate together can^ cre- 
ate, at their own will, a legal or constitutional House. Neither 
can they both abolish or destroy a legal or constitutional House.* 
The House of Representatives is a body authorized by the Con- 
stitution of the State, and for certain purposes is independent 
and separate from the Senate or the Governor. Bach House keeps 



LETTERS TO GOVERNOR LEWELLIXG. 113 

and publishes its own journal, each House establishes its own 
rules, and each House is the judge of the elections, returns, and 
qualifications of its own members. The legislative power of this 
State is vested in a House of Representatives and Senate, not in 
the Governor and Senate alone. 

IX XO SENSE A DE FACTO HOUSE. 

But again : It is claimed that the Dunsmore House has be- 
come a de facto House by the recognition from the Senate, the 
Governor, the executive officers, and others. As I said a moment 
ago, if the House known as the Dunsmore House had full and 
unlimited possession of the Hall of Representatives and the rival 
party had ceased its existence, the question of a de facto Legis- 
lature would have strong force in this case. There often comes 
a time in the conduct of all bodies and officers when, on account 
of public interests, irregularities and even wrongs are cured. But 
here is a valid and constitutional House attempting to carry on 
business. Every day of its session, so far as its journals show, 
the Douglass House challenged the rightfulness of the Dunsmore 
House ; it challenged the action of the Governor ; it challenged 
the action of the State Senate ; and the very first act of the Sen- 
ate and the Dunsmore House was seized by a court of this 
State and throttled out of existence. Although the temporary 
order of injunction was made by the District Court of Shawnee 
County, until it is reversed or vacated by proper proceedings in 
this court, it is as valid and binding between the parties as the 
order of the Supreme Court of the State. 

This court must take knowledge of all the usual and ordinary 
incidents which are transacted around it, and it is unnecessary to 
say that the challenge has been so successful that various bodies 
have divided upon this question, and there has been no acqui- 
escence and no general agreement among the people that the 
Dunsmore House is a valid House. 

AXOTHER IRREEEVAXT REFERENCE. 

We were referred to a case from Georgia. If we had a case of 
that kind before us, the question of a de facto government would 
be very strong. After going over all the matters connected with 
it, the court, among other things, says : 

In this case there was a hot dispute over the matter. Men honestly dif- 
fered as to the truth of the case, and the decision was made. It has been 
acted upon for two years by the people, by the executive, and by this court, 
until it has become an accomplished fact.— Railroad vs. Little, 65 Ga. 370. 

Whenever an act of the Legislature is brought into this court, 
which is not a violation of the Constitution, which has been acted 
upon by the people of the State for two years, and which has been 
acted upon by this court as a completed and binding enactment, 
a de facto law organization may come into existence. When such 
a case comes, we will decide. 

But there is no such case presented by the journals ; there is 
no such case prc>enUd by the argument; there is no such case 



114 LETTERS TO GOVERNOR LE WELLING. 

for us to pass upon. The Dunsmore House never had but fifty- 
eight constitutional members. It never had the legal power to 
create any more members. It therefore never had the legal 
power to enlarge its existence. So long as there is a legal and 
constitutional House of Representatives carrying on business in 
the identical hall where it is usual and customary for its business 
to be transacted, it seems to me that this question of a de facto 
House of Representatives has not arisen to that dignity or acqui- 
escence worthy of serious consideration. 

Is it possible that a body consisting of less than a quorum, 
less than a majority, can be a constitutional House of Represent- 
atives under any circumstances, whether by recognition or 
otherwise ? 

It is necessary that a majority of members elected to each 
House, voting in the affirmative, shall be necessary to pass any 
bill or joint rule. No act, not having received a constitutional 
majority of the votes of the members of the House, can ever 
become a law. It is immaterial what the Senate may do, what 
the Governor may do. A constitutional majority of the votes of 
the House of Representatives is necessary for legislative action 
in any case. 

In the case of The State of Kansas vs. Board of Commissioners 
of Ford County, 12 Kas. 441, it was ruled that: 

Where the Legislature has seemingly recognized the existence of a 
county organization of a certain county by passing an act providing for the 
holding of terms of the district court therein, but where such county, up to 
the time of such seeming recognition, never had any organization, de 
fzcto or otherwise, such recognition does not have the effect to create an 
organization. 

THE DOUGLASS HOUSE THE LEGAL ONE. 

From all that we have said our conclusion is, and must imper- 
atively be, that the House known as the Douglass House is the 
legal and constitutional House of Representatives of the State 
of Kansas, and being such House, it has the power to compel 
witnesses to appear and testify before it or one of its committees 
in election contests arising in that body. It has full power to pun- 
ish for contempt any witness who refuses to appear when person- 
ally subpoenaed in an election contest or other proper proceedings 
pending before that body. It has also the power to protect itself 
from disorder, disturbance, or violence. 

A QUESTION ABOVE PARTY AND PARTISANSHIP. 

It has been suggested that we should hesitate to give an opin- 
ion in this case upon the legality of either of the contending 
bodies claiming to be the House of Representatives because un- 
pleasant complications might arise therefrom; and it has been 
even suggested that the Governor and the Senate will not find 
their way clear, after what has passed, to communicate and act 
with the legal House known as the Douglass House, and there- 
fore, as a result, that appropriations may fail; that the Governor's 
office, and all the other departments of the government, includ- 



LETTERS TO GOVERNOR LE WELLING. 115 

ing the judiciary, will have no funds with which to transact pub- 
lic business. More unfortunate still, it has been suggested that 
the educational, charitable, and penal institutions of the State 
will be closed and the inmates discharged for want of money 
with which to operate them. I trust that such will not be the 
result. I assume that the Governor of the State is honest and 
patriotic ; I assume that the members of both Houses and the 
Senate are honest and actuated by worthy motives ; and I trust 
that in the end there may be some way, as in Alabama, as in 
Maine, by which the legal bodies and the Governor can act har- 
moniously and unitedly. The questions involved in this case are 
above partisanship ; they concern the public; they concern the 
State, and party and partisanship should be wholly disregarded 
by each and by all. Let the mistakes of the past be corrected, 
and the unfortunate differences pass, without further comment, 
into oblivion. Let mutual concessions prevail, and then, per- 
haps, amicable relations between the belligerent and discordant 
elements may be restored. " He serves his part}' best who serves 
his country most." 

The gravity of the subject I fully understand. Certainly no 
constitutional or public question can be more solemn than that 
arising from the present contention respecting the organization 
of the House of Representatives. While I deplore the occasion 
which compels us to hear and determine this case, I feel con- 
strained by the imperative command of the Constitution, and by 
my own conscientious discharge of public duty, to declare these 
views irrespective of policj or expediency. Entertaining the views 
I do, I cannot consent to rob the highest judicial tribunal of this 
State of its constitutional rights, nor can I consent to exalt the 
executive or the Senate of the State above the demands of 
justice, of safety, or the welfare of the people. 

THE INEVITABLE RESULT OF THE POPULISTS' METHOD 
CLEARLY SHOWN. » 

But if all the unfortunate circumstances should arise which 
have been predicted, disastrous and fearful as they may be, we 
believe the consequences will be more unfortunate to the people 
of this State and put all the people in greater peril if this court 
should, by a majority of its members, declare and proclaim that 
the refusal of the Governor or the Senate, or of both, to recognize 
the constitutional House of Representatives wipes the House out 
of existence, when it is attempting to carry on its duties in a 
legal and lawful way — wipes out the House and takes from the 
people its most popular branch of the Legislature, that body 
which is closest and dearest to their hearts. If the action of the 
Governor and the Senate can do that now, then two years ago 
Governor Humphrey and the Senate, which was almost unani- 
mously of his own political party, might have recognized a minor- 
ity of the other House, and with such recognition could have re- 
elected Senator John J. Ingalls to the United States Senate and 
defeated Senator Peffer, and could have then carried on all busi- 



116 LETTERS TO GOVERNOR LEWELLING. 

ness under the rule of recognition. If the present Governor and 
Senate may do this now, another Governor and another Senate 
may follow the example, and hereafter, for all time, with the 
sanction of this court, the Legislature will be composed of the 
Governor and one House, recognizing and communicating with 
some other body, whether lawfully elected or not. The election 
of the second body will then be useless, unnecessary, abortive. 
Under such a practice we would have two Houses in name, but 
one only in fact. The one subservient to those that recognized 
it, but not independent and not representing fully all the people. 
Either we would have such an anomalous condition of affairs, or 
else at every organization of the Legislature, or of either House, 
we would have at the Capitol of the State the clash of resounding 
arms and the contention of armed forces, In such a case force, 
and force only, would rule, and not law. At such a condition 
I stand appalled, and if a contrary doctrine than here announced 
be maintained, such a condition of affairs will follow. 

I commend to all who question the supremacy of the law, or 
the duty of complete obedience to the mandates of the court, the 
words and actions of the old Spartan. When Agesilaus, a Spar- 
tan general, renowned for all time, was, after years of desperate 
effort, upon the very threshold of success over his ancient enemy 
the Persians, he was suddenly recalled to Sparta to the defense of 
that nation against r the threatened assault of new enemies, but 
recently friends. Upon the instant he answered, obedient to call 
of country, and, leaving a field of operations pregnant with vic- 
tory, he returned to meet the call of duty. He sent this message : 

Agesilaus to the Ephori, greeting: 

We have reduced part of Asia, put the barbarians to flight, and made 
great preparations for the war in Ionia ; but as you order me to return, I am 
not far behind this letter, and would anticipate it. if possible. I received the 
command not for myself, but for my country and its allies. I know that a 
general does not deserve or really fulfill the duties of that name but when he 
suffers himself to be guided by the laws and the Ephori and obeys the 
magistrates. 

And by this obedience, the historian declares, he demonstrated 
the truth of what was said: " That at Sparta the laws ruled men, 
and not men the laws." 

In conclusion, speaking for myself alone, and not for my 
brothers on the bench, I adopt substantially the language of 
Chief Justice Agnew, of the Supreme Court of Pennsylvania, 
when, with a courage and firmness worthy of John Hampden, in 
attempting to uphold the dignity and independence of his court, 
he said : 

On no ground of the Constitution, law, public justice, State policy, or 
sound reason can I discover any exemption of any officer in the State, high 
or low, from the common duty all citizens owe to the due administration of 
justice. I cannot abnegate a power entrusted to me by the people, and 
will return to them my commission, unsullied by any dereliction of duty, 
rather than to abase this court and pay obeisance at the shrine of unwar- 
ranted power or unconstitutional authority. 

The Chief Justice then stated that Mr Justice Johnston fully 
concurred in what he said, but that Mr, Justice Allen dissented. 



LETTERS TO CO VERS OR LEVELLING. 117 



DISSENTING OPINION OF ASSOCIATE 
JUSTICE ALLEN. 

The following is a full statement of Associate Justice Allen, 
given orally, dissenting from the decision of Chief Justice Horton 
and Associate Justice Johnston. This opinion, as here given, has 
been revised by Justice Allen since it was delivered on February 

The questions involved in this case are perhaps of greater 
magnitude than those which have ever been involved in any con- 
troversy heretofore occurring in this court. It involves the con- 
stitutional powers rights, and duties that are distributed by the 
fundamental law among the several departments of the govern- 
ment. In our State, as in all other States, we have three great 
coordinate branches of government — the executive, the legisla- 
tive, and the judicial; each in its sphere is supreme; each is 
accountable to the people, and to the people alone, for its acts; 
neither can encroach upon the powers granted to the other; 
neither can perform those duties which are entrusted by the Con- 
stitution to the other. 

In what I say in this case, I may premise that I speak merely 
from first impression. In my judgment, no opportunity has been 
afforded this court to fairly consider, as a court of last resort 
should consider, the great constitutional questions which are 
presented for our consideration. As stated by the Chief Justice, 
the judges of the court spent nearly the entire day of yesterday 
in consultation. The examination which we have been able to 
make, since the hearing in this case, of the authorities cited by 
the very learned and able counsel on both sides has been of the 
most cursory character. It must be apparent to any lawyer that 
the careful digesting and careful criticism of all the cases that 
have been decided by courts of last resort have been impracti- 
cable, impossible to be performed by the judges of this court; 
and what I now say, I reserve the right hereafter, when I shall 
prepare and file an opinion in this case, to correct any error that 
I may make in the opinion now expressed. 

HE ALSO REVIEWS THE FACTS. 

This case is brought by a citizen of this State who is restrained 
of his liberty by one C. C. Clevenger, claiming to act as the ser- 
geant-at-arms of the House of Representatives. It was conceded 
on the hearing that if he were the sergeairt-at-arms, armed with 
a warrant signed by the Speaker of the House of Representatives, 
that this detention is legal. This petitioner now asks this court 



118 LETTERS TO GOVERNOR LEWELLING. 

to discharge him from that restraint because of a want of power 
in the Speaker, or the gentleman who, acting as Speaker, issued 
the warrant. Upon an inquiry so arising it became the duty of 
this court to pass upon the power of George L. Douglass to issue 
this warrant. The court in a collateral proceeding is now called 
on to decide a question of right between two contending bodies, 
each claiming to be the House of Representatives of this State — 
and right here I may say that the very statement of this question 
in connection with an admission which was made by the counsel 
on the part of the respondents shows the peculiarity of the posi- 
tion that this court takes when it assumes to determine for its- 
self the questions that are so presented. It was conceded on the 
argument of this case that this court would not have the power, 
in an action brought directly by one of these contending bodies 
against the other, to decide and determine this controversy and 
to oust the wrongful body from the possession of the office of the 
House of Representatives and to place the rightful body in pos- 
session of the office. Then the power of this court at this junc- 
ture is but advisory ; it then has no power to go into the full 
merits of this contraversy and to decide it according to the very 
right of the matter. Controversies of this kind have arisen in 
times past, and it is to be feared that they may arise in times to 
come. It is necessary that the public duties should be performed ; 
it is necessary that power should reside somewhere to speedily 
settle controversies arising between contending claimants to the 
right to exercise the duties of the House of Representatives. 

QUESTIONS The court's jurisdiction. 

Has the Constitution invested this court with the power to 
hear and determine controversies of this character ? It was con- 
ceded on the argument and in the remark of the Chief Justice 
that the Constitution has not reposed that power in this court. 
Then I ask: Can this court in a collateral action do that which 
it cannot in a direct proceeding? It may be said that these 
questions must be settled ; it may be said that this court is now 
in an action of which it has unquestioned jurisdiction, called 
upon to decide this very question. The answer to this is, that 
this court has already been aided by a decision. We have not 
here before us a case of dual organization of the Legislature ; we 
have not here before us a case as in Maine, if I catch the facts of 
that case correctly — I have not examined it critically ; we have 
not a case of two Houses and two Senates, each claiming to 
constitute the Legislature, and that is what is necessary to make 
up a Legislature ; but we have in this case two Houses disputing 
each other's rights, and a Senate concurring with one of these 
Houses. Section I of Article II. of the Constitution reads : 
" The legislative power of this State shall be vested^ in a House 
of Representatives and a Senate." Section 3 of Article I. of the 
Constitution reads: "The supreme executive power of the 
State shall be vested in a Governor, who shall see that the laws 
are faithfully executed." The statute requires the Governor to 



LETTERS TO GOVERNOR LE WELLING. 119 

do various things with reference to the matter of laws. He 
must, when the Legislature convenes, communicate to it such 
information as he deems necessary. He must transmit what is 
known as a message to the two bodies. In transmitting that 
message, he must of necessity ascertain what is the House of 
Representatives. In the very beginning of the procedure of any 
Legislature, the Governor must of necessity find and determine 
what body of men compose the Senate. And in the performance 
of that duty, the Governor of the State of Kansas is responsible 
to the people of the State, and to no one else. The Constitution, 
the laws, and the people by their suffrages, have vested in him 
the power to investigate and determine, so far as his duties are 
concerned, what body is the House of Representatives. It must 
be conceded that no duty rests on this court in the inception of 
the proceedings of a legislative body to inquire and determine 
what body is the Legislature. But that duty does devolve upon the 
executive. We have also another body, the State Senate, also 
deriving its powers from the limitations of the Constitution, also 
deriving its powers and authority from the people who have 
selected the members. Upon that Senate the duty rests just as 
carefully as any duty that can rest upon this court. In the dis- 
charge of the duties devolving upon them, the senators are just 
as supreme, their heads rise just as high and no higher than the 
heads of the members of this court. That Senate in the dis- 
charge of its duties must communicate with the executive depart- 
ment of this government; it must communicate with its con- 
current branch of the law-making department of this govern- 
ment; and where there are two contending bodies, each claiming 
to be the House of Representatives of this State, in the very 
nature of things the Senate must hear and determine the question 
as to which of these bodies is the House of Representatives. 
Possibly it may be digressing somewhat from a strict considera- 
tion of the legal questions in the case, and I hope I shall be 
pardoned for referring to the fact that I was in the Senate at the 
time of the discussion of the resolution recognizing the Duns- 
more House of Representatives. It is my good fortune to be 
acquainted with many of the senators, and among them men 
affiliated with the Republican party, lawyers of great learning 
and ability, whose opinions are entitled to great respect. Iu the 
discussion of that resolution from the Republican side, it was 
conceded by several of these learned and distinguished senators 
that if the Governor of this State had recognized the Dunsmore 
House as the legal House of Representatives, and if that resolu- 
tion should be passed by the Senate of the State of Kansas, that 
the whole question was concluded, that that was an ultimate and 
final judgment and decision of the power which under the Con- 
stitution and law of this State was authorized to hear and finally 
decide the question as to which of these conflicting bodies was 
the lawful House of Representatives. The opinions of these 
senators, it seems to me, are entitled to great respect. In many 
of the States, and under many Constitutions, the higher branch 



Hi) LETTERS TO GOVERNOR LE 'WELLING. 

of the legislative department, as usually constituted, is the court 
of last resort. For many years the Senate of the State of New 
York was the ultimate court of appeals for the determination o1 
all law questions in that State. The House of Lords has foi 
centuries been the highest tribunal in England for the deter- 
mination of legal controversies. I do not know that at this time anj 
such tribunal exists in any of the States, but when it is assumed 
that the Senate of this State is a body whose decision and deter- 
mination may be brushed aside as though it were not, and when 
it is assumed that the Executive of this State, the representative 
of all the people of this State, acting within the line of his duty, 
acting in the exercise of his discretion as the chief of the execu- 
tive department of the government, is not to be respected, and 
his determination not only is not conclusive, but is not entitled 
to the respect of this tribunal, I am forced to enter my dissent 
and non-concurrence from any such expression of opinion. 

CRITICISES THE} TRIAI,. 

I shall not enter into an extended discussion of the facts grow- 
ing out of the organization of these Houses. In my judgment, 
much of the evidence which was introduced on the trial of this 
case was wholly irrelevant, and was such as this court should not 
have received. As to the exact boundaries and the definite rules 
which should be laid down by this court for the determination of 
these questions, I do not desire to express any opinion, but 
shall reserve the whole subject for consideration when I file a 
formal opinion in the case. 

It appears from the journals of both of these Houses that a 
valid controversy existed, a bona fide controversy existed, as to 
the rights of certain members to sit in that body. Much has 
been said by the Chief Justice with reference to the right of a 
body after organization to determine these controversies. I call 
attention to the fact that the journal of the so-called Douglass 
House shows that the controversy with reference to the case of 
Joseph Rosenthal was determined before any organization of the 
House, and it seems to me that when we adopt the rule that the 
returning board, the State board of canvassers, by the record that 
it makes in the office of the votes cast, by the certificates that it 
issues, may determine absolutely the question as to who shall 
constitute the House of Representatives of this State, that we 
adopt a far more dangerous rule than the rule that is contended , 
for by the other side, that the House of Representatives which 
shall be recognized by the Executive, which shall be recognized 
by the Senate, shall be the House, rather than that which has 
been created by the State returning board, if I may use the 
expression. Now it appears by the journal of this so-called Doug- 
lass House that at least two members of the sixty-four certified 
members were ineligible to sit in the House, were just as much 
disqualified from taking anypartinthe organization of that House 
as though they had been alien enemies, as though they had been 
regular officers of the army of the United States. The Constitu 



LETTERS TO GOVERNOR LEWELLING. 121 

tion, which is the supreme law and to which every department of 
the government must bow and must yield its unquestioned and 
unquestioning obedience, expressly says that no person holding 
any office under the government of the United States shall be 
eligible to a seat in the Legislature. That, as construed by the 
courts of California, Nevada, Indiana, and of other States, means 
that they are incapable of being chosen ; that it is beyond the 
power of the people to select and make a representative of a per- 
• son who holds office under the United States. It is contended 
also on the other side, and possibly I speak outside of the record, 
although I think it appears in the journal of the Dunsmore 
House, — I have not had an opportunity to make a critical examin- 
ation of those journals, — but I know it is contended that one gen- 
tleman appeared in the Douglass House who was not a resident 
of the State of Kansas. If so, he clearly had no right to take part 
in the organization of the Legislature. We know in the early 
days of this State, and in the early troubles of this State, what 
occurred when those who resided outside of the borders of the 
State undertook to take a part in the affairs of the State. 

Now, while we are considering the dangers, while we are con- 
sidering these great questions which involve orderly constitu- 
tional government, we need not shut our eyes to either one side 
or the other. We must look all these matters fairly in the face. 
It is to be assumed that men who are entrusted with authority 
will act honestly and uprightly; they ought to; all the members 
of every legislative body ought on all occasions to act with due 
regard to their oaths of office ; with due regard to the duty that 
is imposed upon them as such officers; and when we assume in 
the consideration of any case that an officer or any body of men, 
in the performance of any duty which devolves on them by the 
Constitution and the laws, will act wrongfully and fraudulently, 
when we entertain any such presumption, we are entertaining a 
presumption that our much-boasted system of free government 
is a failure. The presumption as declared by this court in very 
many instances is that every officer, every body of men, will act 
honestly and uprightly, will discharge the duty that devolves on 
them under the Constitution and the laws, and the presumption 
in this case is, that the Executive of this State and the Senate of 
this State have discharged their duties fairly and honestly. 

PROTESTS AGAINST OVERRULING THE GOVERNOR AND SENATE. 

Now we are called on in a collateral proceeding to overturn the 
action of the Executive ; to overturn the action of the Senate, to 
overturn a legislative body of this State which has continued 
from the ioth day of January down to this time, and merely 
on a view entertained by the members of this court as to the 
force and effect of certain certificates as evidence of the right of 
members of that body to participate in its proceedings. We are 
asked to overturn the result of all the deliberations of the Senate 
of this State, all the. deliberations of the Executive of this State, 
with reference to the legislation which has been passed. Ought 



122 LETTERS TO GOVERNOR LEWELLINC. 

this court to lightly do so ? Ought this court to do so on a brief 
and hasty consideration of a case of this sort, in a collateral pro- 
ceeding where neither of these contending bodies has a right to 
be heard? 

Something was said by the Chief Justice with reference to the 
effect of the decision made by Judge Hazen, of the district court 
of this county, in determining this question. The scope and 
effect of that decision is simply to restrain the Treasurer of this 
State from paying out any money under the appropriation until 
such time as that case can be fully tried and determined on its 
merits. That is the whole scope and effect of the decision, and 
while that order is binding until it is set aside, while there is no 
question as to its binding effect upon the Treasurer of this State, 
as a decision of the question as to which of these bodies is the 
legal House of Representatives, I most respectfully say that I do 
not regard it as a final decision at all upon that question, or hav- 
ing the force and effect of a judicial determination of that 
question. 

The time given by the Constitution to the Legislature for the 
performance of its duties has nearly expired ; that is, the time 
for which members can receive pay. We have the spectacle of an 
Executive, a Senate, and a House of Representatives working in 
conjunction, passing appropriation bills, passing the various ben- 
eficial legislation demanded by the people of this State. The 
duties of all of these bodies have been nearly all performed. It 
must be evident to anyone who considers the question for a mo- 
ment that it will be impractical for these two bodies, the Doug- 
lass House and the Senate, to come together in such relations 
with each other as to perform the functions of the Legislature 
during this session — during the brief period that now remains. 
It seems to me that the force and effect of this decision must 
necessarily be that this State is without legislation this winter, 
and that such conclusion is reached by a collateral decision in 
this case. Did the Constitution, did the framers of the Constitu- 
tion, did the people of this State who adopted it, contemplate 
that after the Legislature had been in session nearly its entire 
limit, after the Governor of the State, and all of the executive 
departments of the State, after even the official State paper, not 
allied in political sentiment with either the executive or the 
majority of the Senate or of the House, publishing as laws the 
enactments of those bodies — that after all these things have 
occurred, did the framers of this Constitution intend that this 
court might then step in and brush it all away as a mere phan- 
tasm, as mere nullity in a collateral proceeding ? It seems to me 
clearly not. 

Before the Douglass House can restrain any citizen of his lib- 
erty, it must be the House of Representatives ; it must be in the 
discharge of the functions of the House of Representatives. 
This warrant was issued on the thirteenth day of February. It 
was issued after laws had been enacted, or attempted, at least, to 
"be enacted, by the House and the Senate, and had been approved 



LETTERS TO GOVERNOR LEWELLIXG. 123 

by the Governor ana had been published in the official State 
paper. They had been filed in the office of the Secretary of 
State, had received all the formal sanctions that the Constitution 
requires in order to make them effective as rules of action in 
this State. Then this House presided over by Mr. Douglass un- 
dertakes to exercise the power of a House of Representatives and 
to restrain a citizen of his liberty. The question here presented 
is not so much a question whether the Dunsmore House w T as in 
fact the House of Representatives, as it is a question whether 
the Douglass House was in fact the House of Representatives. 

How can it be said that a body of men whom the Governor of 
this State refuses to recognize as the House of Representatives, 
whom the Senate refuses to recognize, whom all the executive 
departments of the State refuse to recognize, can be a de facto 
House of Representatives ? How can it be said that any officer 
who undertakes to discharge the duties of an office, who is not 
regarded as such officer by any department of the government 
w T ith which he seeks to do business, who cannot effectually carry 
out any duties devolving upon him as such officer, who cannot 
effectively perform any act as such officer, how can it be said that 
he is a de facto officer ? De facto means in fact ; it means in the 
actual exercise and discharge of the duties of the office. 

Now, something has been said in reference to the right of the 
House of Representatives to do some things prior to its recog- 
nition, prior to any intercourse with any of the other branches 
of the government. It may be conceded for the purposes of this 
case, in my judgment, that these things may be done by the 
House ; yet we do not have a fully organized Legislature, within 
the meaning of the Constitution, until we have the bodies acting 
in concurrence with each other. It is true they are separate and 
distinct in the exercise of their duties as separate Houses, but 
they together form the Legislature of the State of Kansas. 
Where there are two Houses acting together as the Legislature 
of the State of Kansas, it seems to me an absurdity to say that 
there can be another House of Representatives. 

When a constitutional quorum — and I might say here that I 
fail to find in the journal of the Douglass House (and that is the 
only House we have to deal with here), I fail to find in the journal 
of the Douglass House prior to the time that these other two 
members took their seats, even according to the showing made 
in this journal, I fail to find a constitutional quorum of men who 
were authorized to sit in the Legislature. There are at least two 
of the sixty-four members who claim the right to participate in 
the organization of the House who were clearly disqualified under 
the Constitution, whom it is admitted here were postmasters on 
the 31st day of December last. That leaves the House without a 
constitutional quorum if there be any force in that proposition. 
Yet, I do not take the position that a constitutional quorum must 
necessarily have voted in favor of the officers who were elected 
by the House, nor, of course, do I take the position that it was 



121 LETTERS TO GOVERNOR LE WELLING. 

incompetent for less than a constitutional quorum to adjourn 
from day to day. 

RECOGNITION CRUATKS A HOUSE, HE SAYS. 

It seems to me, however, that this rule is settled from this 
consideration : that prior to the time of the issuing of this writ, 
a sufficient number of men who were recognized by their fellows 
as entitled to seats in the Legislature were occupying seats in 
the Dunsmore House and voted for half a dozen laws that were 
enacted and received the concurrence of the Senate and the ap- 
proval of the Governor. That, in my judgment, made a de facto 
House of Representatives; and when that body of men received 
the recognition of all the other departments of this State, it seems 
to me that we had then a government in fact of this State, with 
all its parts completed. "We had a government that had heads of 
all the executive departments; we had a Senate that had unques- 
tioned authority ; we had a House recognized by all of the depart- 
ments of the government that, under the Constitution of this 
State, were called upon to recognize it. It is true it had no 
recognition from this court, but the Constitution of the State 
gives this court no power to inquire. The Constitution gives to 
this court no right to inquire into any legislative body and to 
determine who are entitled to sit there; and in so far as I have 
commented upon these facts, in my judgment, I have commented 
on matters which do not properly come before this court. The 
provisions of the Constitution are clear and explicit that each 
body of the Legislature shall be the sole and exclusive judge of 
the election and qualifications of its members. It is a matter 
with which the judiciary has no concern. It cannot reach its 
hands into either of these bodies; it cannot bring before it the 
members of either of these bodies for examination here with 
reference to any matter that is pending in any election contro- 
versy in either of those houses. 

It seems to me that most mischievous consequences must 
necessarily ensue from the position taken by the majority of the 
members of this court, and that the decision by that majority is 
practically the decision that the judiciary is supreme and is above 
both the Legislature and the Executive. 

I have no criticism to make on the suggestion that it is the 
duty of the judiciary to determine wherein the law-making 
power may have transcended its authority in the passage of laws. 
I have no question that this tribunal may say to the Legislature 
or to the Governor, " You have overstepped the boundaries of 
your power as defined by the Constitution of this State." But 
this court has no power to go behind the authority of these 
bodies to act as such bodies, and to say to any body of men that 
is acting as a House of Representatives in conjunction with the 
other departments of the goverment, " You are not a department 
of the government; you are interlopers." It has no right to step 
in, when three branches of this government concur in the trans- 
action of business of this State, and say, "We will withdraw from 



LETTERS TO GOVERNOR LEVELLING. 



125 



this government one of its constituent parts and thereby make 
the whole structure tumble to its fall; we will thereby destroy all 
that you have builded up." 

For these reasons, and for others, I am forced, though with 
much hesitancy, and though with great dislike to do so, to dis- 
sent, and to radically dissent, from the views entertained by the 
majority of this court. 

TO BE REMANDED. 

The Chief Justice then said: " The court will make an order 
that the petitioner in this case be remanded to the custody of 
the sergeant-at-arms, and that, in accordance with the bond he 
has filed here, he will obey its provisions and deliver himself up." 




126 LETTERS 20 GOVERNOR LEWELLING. 

REPLY OF THE FIFTEEN REPUBLICAN 

SENATORS TO JUSTICE ALLEN'S 

STATEMENT IN HIS OPINION. 



To the People of Karisas: 

In the rendition of his decision, as Associate fustice of the 
Supreme Court, upon the question as to which was the legal 
House of Representatives, Justice Allen used the followi ng 
language : 

Possibly it niay be digressing 1 somewhat from a strict consideration of 
the legal questions in the case, and I hope I shall be pardoned for referring 
to the fact that I was in the Senate at the time of the discussion of the reso- 
lution recognizing the Dunsraore House of Representatives. It is my good 
fortune to be acquainted with many of the senators, and among them men 
affiliated with the Republican party, lawyers of great learning and ability, 
whose opinions are entitled to great respect. In the discussion of that res- 
olution from the Republican side it was conceded by several of these learned 
and distinguished senators that if the Governor of this State had recog- 
nized the Dunsmore House as the legal House of Representatives, and if that 
resolution should be passed by the Senate of the State of Kansas, that the 
whole question was concluded; that that was an ultimate and final judg- 
ment and decision of the power which, under the Constitution and law of 
this State, was authorized to hear and finally decide the question as to which 
3f these conflicting bodies was the lawful House of Representatives. The 
opinions of these senators, it seems to me, are entitled to great respect, i 

Were this statement true, it would certainly be a remarkable 
statement for a high judicial officer to incorporate in, and make 
a part of, a judicial opinion. 

The undersigned Republican members of the Kansas State 
Senate do declare in the most emphatic manner that the above 
quotation from Judge Allen's opinion is utterly without founda- 
tion in fact. No such words were uttered by any Republican 
senator, nor anything that could by any possibility be so con- 
strued. On the contrary, the Republican senators firmly main- 
tained at all times that recognition by the Governor and Sen- 
ate could not have any bearing upon the legality of the question 
involved. 

( Signer! ) S. T. Danner, Thirtieth District. m 

D. McTaggart, Twelfth District. 
H. F. Robbins, Eighteenth District. 
Jno. C. Carpenter, Thirteenth District. 
LuciEN Baker, Third District. 

J. D. Williamson, First District 
W. E. Sterne, Seventeenth District. 
W. A. Morgan, Twenty-third District. 
John M. Price, Second District 
Chas. F. Scott, Fourteenth District 
Milton Brown, Thirty -eighth District; 
K. E. WiLLCOCKSON, Thirty-ninth Distriot 
J. W. Parker, Sixth District. 

E. T. MetcalE, Seventh District 
S. O. Thacher, Fifth District. 



LETTERS TO GOVERNOR LE WELLING. 127 



FOUR IMPORTANT DECISIONS OF 
THE SUPREME COURT. 



Affecting the Membership of the House of Represent- 
atives of 1893. 



First, the Coffey County case, in which the tie vote between 
T. C. Ballinger, Republican, and O. M. Rice; Populist, as it was 
certified by the State canvassing board, had been settled by draw- 
ing lots; Mr. Ballinger, Republican, being declared entitled to the 
certificate of election as representative of the 32d district. Mr. 
O. M. Rice sought by mandamus to compel the board of canvassers 
of Coffey County to reconvene and recanvass the returns of a cer- 
tain township, claiming that there had been an error of one vote 
in his favor. The writ prayed for was refused by the court. 

Second, the Jackson County case, which involved the seat of 
the representative of the 38th district. Mr. Nick Kline, Repub- 
lican, had received 956 votes, Mr. Ed. Shellabarger, Populist, had 
received 766 votes, and Mr. Moses Sarbach, Democrat, had 
received 87 votes. Mr. Shellabarger sought to have the declara- 
tion of the State canvassing board, that Mr. Nick Kline was 
elected, set aside for the reason that the town of Holton, which 
forms a part of the 38th district, had not been mentioned in the 
last apportionment act, and therefore the votes of those citizens 
living iu Holton should not be counted. The court sustained 
the action of the canvassing board. 

Third, the Republic County case, which concerned the legality 
of Mr. J. M. Foster's election as representative of the 61st district. 
Mr. J. \V. Wilds, Populist, asked the court to declare him elected 
instead of J. M. Foster, Republican, because 472 votes cast for 
Mr. Foster gave the district as the 73d when the ballot should 
have read 61st. The present 61st district was formerly the 73d, 
and as the error was plainly a clerical one, the present 73d dis- 
trict being in Kingman County, more than one hundred miles 
south of the present 61st district in Republic County, the court 
refused to recognize the error as invalidating Mr. Foster's 
election. 



128 LETTERS TO GOVERNOR LEWELLING. 

Fourth, the Haskell County case, in which the returns of the 
county clerk to the State canvassing board showed that Mr. A. 
W. Stubbs, Republican, had received 156 votes, and Mr, Joseph 
Rosenthal, Democrat, had received 123 votes. The canvassing 
board upon the face of the returns issued Mr. Stubbs the certifi- 
cate of election as representative of the 121st district. Mr. 
Rosenthal asked the court to declare him elected on the ground 
that there was a clerical error on the part of the county clerk in 
transposing the votes; that he had received the 156 and Mr. 
Stubbs had received the 123 votes. While the court, as well as 
all citizens, recognized the statement of Mr. Rosenthal as true, 
the court refused to reconvene the State canvassing board, as the 
application was not made until the board had adjourned sine die. 
It is appropriate here to state that Mr. Rosenthal endorsed the 
decision of the court as the only one that could legally be made. 

In none of these four cases was there a single charge or an 
attempt to prove that the State canvassing board had committed 
any fraud or acted unfairly in canvassing the vote or in issuing 
the certificates. 

THE COFFKY COUNTY CASK. 



RICE VS. BOARD OF CANVASSERS OF COFFEY 

COUNTY ET AL. 

(Supreme Court of Kansas, January 7, 1893.) 

Mandamus to Election Officers — Recanvassing Votes — 

Delay in Application — Discretion oe Court. 

Where a candidate for representative in the State Legislature brings an 
action of mandamus to compel the board of canvassers of a county to 
reconvene and recanvass the returns from a certain township, and to make 
a corrected abstract, crediting him with 96 votes, — one more than was given 
to him by the first canvass,— and it appears by the certificate in the poll 
books, made by the judges and clerks of election, that he received 96 votes 
in that township, but it also appears from the enumeration of votes on the 
tally sheets, which were included in the poll books, that he only received 95 
votes, which is corroborated by the duplicate poll books retained in the 
township, and it appears by these and other evidence that he did not actu- 
ally receive but 95 votes in that township, and where it further appears that 
no complaint was made by him of the canvass until more than three weeks 
after the State board of canvassers had finally adjourned, and that the writ, 
if issued, would be fruitless and unavailing, the court, in its discretion, 
will refuse the same. 

(Syllabus by the Court.) _ 

Original proceeding in mandamus by O. M. Rice against the 
board of canvassers of Coffey County and others to compel 
defendants to recanvass the returns for member of the Legisla- 
ture, and send a corrected abstract of the votes cast for represent- 
ative in Coffey County. Writ refused. 



LETTERS TO GOVERNOR LE WELLING. 129 

AY. C. Webb, G. C. Clemens, and Frank Doster, for plaintiff. 
T. F. Garver, S. R. Peters, C. I. Long, and F.*B. Dawes, for 
defendants. 

Tohxstox, J. This is a proceeding in mandamus, brought 
originally in this court by O. M. Rice against the board of can- 
vassers and the county clerk of Coffey County. He asks for a 
vvrit compelling them to reconvene, and recanvass the returns of 
the township of Avon, Coffey County, for member of the Legis- 
lature; to correct an alleged error in the first canvass; and to 
certify and send to the Secretary of State a corrected abstract of 
ihe votes cast for representative in Coffey County. The case was 
tried on an application for a peremptory writ, after notice had 
been given to the defendants. 

It appears that O. M. Rice and T. C. Ballinger were candidates 
for representative from Coffey County at the late election, and 
that when the county canvassing board met and canvassed the 
returns of that election, they found and declared that each had 
received 1,826 votes, and a certified abstract of that result was 
sent to the Secretary of State. Since that time the State board 
of canvassers canvassed the returns from that county and found 
that there was a tie, and, having settled it as the statute pre- 
scribed, awarded the certificate to Ballinger. The plaintiff 
alleges that the canvassing board of the county refused to can- 
vass all the votes returned for him in Avon Township ; that, by 
the certified returns from that township, he received 96 votes 
and Ballinger received 68 votes; but that the board determined 
and declared that Rice only received 95 votes. He avers that if ■ 
all had been counted, it would have appeared that he had a total 
of 1,827 votes, — one more than Ballinger, — and that, as a true and . 
correct abstract of the votes had not been sent to the Secretary 
of State, the State board of canvassers could not declare him to be 
elected, nor award him the certificate to which he was entitled. 
The poll books of Avon Township were presented to the court, and 
from them it appears that the footings and statement made in the 
certificate of the judges and clerks of election show that Rice 
received 96 votes in that township ; but it also appears by the 
enumeration or tallies entered on the tally sheet of the poll books, 
as the ballots were counted by the judges, that he only received 
*)5 votes. When the canvassers met they decided that they 
would consider the enumeration of the votes upon the tally 
sheet, in determining who was elected to the various offices, and 
this was in accordance with a practice which has long prevailed 
in that county. What is called the "tally sheet" is bound in, 
and as a part of, the poll book. On the left-hand side of the 
sheet is printed the names of the officers voted for. To the 
right of the list of candidates the sheet is ruled in squares large 
enough to contain five marks or tallies. The clerks entered a 
mark or tally opposite the name of each candidate for each vote 
read and counted for him by tjie judges. On the same sheet is 
a certificate made by the judges and clerks, in which the total 
number of votes understood, to be received by each candidate 



130 LETTERS TO GOVERNOR LE WELLING. 

was written, and all included in a cover, marked " Poll Book." A 
meager description of the poll books and forms provided for 
tallying the ballots as they are taken from the ballot-box and 
read is sufficient. Substantially the same form of poll books and 
tally sheets have been in use for many years, if not from the 
organization of the State, and almost every elector is familiar 
with them. To the right of the name of Rice, votes were 
entered in 20 columns or spaces. In each of 18 of them there 
were 5 tally marks entered, by making 4 straight marks, and 
then by drawing a diagonal one across them. In one space, not 
far from the middle of the line of spaces, there were only 4 marks, 
with no line across them, and in the twentieth space there was 
but 1 mark. It appears that the judges and the clerks assumed 
that there were 5 tallies in each space, except in the twentieth, and 
so, without otherwise counting them, they decided that 19 spaces 
contained 95 votes; and these, added to the one in the twentieth 
space, made up the 96 votes, and they made their footing and 
certificate accordingly. As a matter of fact, only 95 tallies 
were entered on the tally sheet, and it was from the tally sheet 
alone that the judges and clerks determined the total number of 
votes that were cast, and in the manner described. One of the 
poll books, including this tally sheet, on which they made their 
certificate and return, was sent by them to the county clerk's 
office, and the duplicate was retained by the township trustee. 
We have examined both of them, and find that they correspond 
exactly in the record of Rice's vote. \Vith this return before 
• them, the county board determined that Rice received but 95 
votes, and made their canvass accordingly. From the poll books 
and the evidence submitted to us, it appears reasonably certain 
that only 95 votes were cast for Rice in Avon Township. No 
objection against the count was made by him at the time, nor 
when the canvass was made by the State board, weeks after- 
wards; nor was there any protest from him until the commence- 
ment of this proceeding, long after the final adjournment of the 
State board of canvassers. 

It is urged that the tally marks constitute no part of the 
return, and cannot be used in determining the number of votes. 
Of course the board must make its determination from the legal 
returns made by Ihe judges and clerks, and cannot exercise the 
functions of a contest court. It is argued, however, in behalf of 
the defendants, that the statute contemplates there shall be 
just such an enumeration or tallying of the votes, aj the count 
proceeds, as was made in this instance. (Gen. St. 1889, pars. 
2679, 2680, 2684, 2687.) It is also contended that such tally sheets 
have been made and returned as a pjart of the poll books from the 
earliest history of the State; and it is further said that the tally 
sheets have been recognized in several decisions of the Supreme 
Court, and this method of making the poll books and tallying the 
votes has been in universal use for so many years, and been rec- . 
ognized by all the departments of the State government, as to 
constitute a practical construction of the statute, — a construction 



LETTERS TO GOVERNOR LE WELLING. 131 

which has generally been accepted and acted on by the people of 
the State. There is some diversity of judicial opinion in regard 
to whether the tally or enumeration of the votes entered in the 
poll book may be considered as apart of the return. In Missouri, 
which has a statute similar to our own, it is held that they cannot 
be used to verify or correct the figures or footings contained in 
the certificate. {State v. Trigg, 72 Mo. 365.) State v. State Can- 
vassers, 36 Wis. 498, is cited as sustaining the same view. The 
preponderance of decisions under statutes somewhat similar to 
ours, however, appears to uphold the view that the tally or enumer- 
ation of the votes in the poll books may be considered in veri- 
fying the returns, and that if a disparity exists between the foot- 
ings and the tallies, the latter should control. {Dalto?i v. State, 
43 Ohio St. 652, 3 N. E. Rep. 685; State v. Hilt, 20 Neb. 119, 29 N. 
W. Rep. 258; People v. Ruyle, 91 111. 525; Simon v. Durham, 10 
Or. 52; State v. Cavers, 22 Iowa, 343; Trueheart v. Addicks, 2 
Tex. 221.) The writer of this opinion is inclined to think that 
the entries or tallies, made by the clerks in the poll books as the 
count proceeds, constitute a part of the return which may be 
considered by the county canvassing board in determining the 
result. The court, however, will not decide that question at this 
time, but will rest its decision upon other grounds. 

The plaintiff seeks relief through an action of mandamus, 
which, as has been generally decided, lies, to a great extent, in 
the discretion of the court. It should be allowed only to secure 
or protect a clear legal right, and should never be granted when 
its enforcement would work an injustice or accomplish a wrong. 
{State v. Marston, 6 Kan. 524; Peters v. Board of State Canvass- 
ers, 17 Kan. 365; State v. Stevens, 23 Kan. 456; People v. Board 
of Canvassers, 129 N. Y. 360, 29 N. E. Rep. 345; High, Extr. Rem. 
# 40; 14 Amer. and Eng. Euc. Law, 97.) Has the plaintiff shown 
a clear legal right to be credited with 96 votes from Avon Town- 
ship? Would any contesting tribunal, from the evidence sub- 
mitted, give him more than 95 votes? The enumeration entered 
in the poll books, and the one on which the judges and clerks 
relied to make out their certificate, and which they set up as a 
part of their return, plainly shows that he only received 95 votes. 
This return was verified and corroborated by the duplicate return 
retained in the township. An abstract or return by the county 
canvassing board showing that Rice had received 96 votes in 
that township, and 1,827 in the county, — a plurality of one over 
his opponent, — would apparently be an untruth; and to compel 
the canvassers to declare such a result, and assist him in obtain- 
ing a certificate or office to which he was not elected, would be a 
wrong and an injustice. Further, it appears that a vote was cast 
for "Barringer," and that it was not counted for Ballinger. The 
similarity of the sound and form of the two names would indi- 
cate that it was intended for Ballinger. {Clark v. Commissioners 
of Montgomery County, 33 Kan. 202, 6 Pac. Rep. 311; Behrens 
meyer v. Atettz, (111. Sup.) 26 N. E. Rep. 704; State v. Foster, 38 
Ohio St. 599; Newton v, Newell, (Minn.) 6 X. W Rep. $46; Cooley, 



132 LETTERS TO GOVERNOR LEWELLING. 

Const. Iviin. 769.) If that had been done, Ballinger would have 
had a plurality of one vote, and would have been entitled to the 
certificate. 

There is another sufficient reason why the writ should not 
go. It is a fundamental rule of law that it will never be granted 
where, if issued, it would prove fruitless and unavailing. ( Shel- 

labarger v. Williamson, 50 Kan. , 32 Pac. Rep. 132 ; High, 

Bxtr. Rem. § 14; People v. State Board of Canvassers, 129 N. Y. 
370, 29 N. B. Rep. 345 ; 14 Amer . and Bug. Bnc. Law, 104.) Another 
canvass and abstract would be obviously useless. Rice alleges 
that, by the refusal of the board, he has been deprived of his 
right to receive from the Secretary of State a certificate show- 
ing that he was elected representative from Coffey County, and 
this alleged right he now seeks to enforce. A certificate, if he is 
entitled to it, would serve no useful purpose at this time. He 
made no complaint, and took no steps to correct the alleged 
error, until more than three weeks after the State board of can- 
vassers had finally adjourned. That board, when in session, can- 
vassed the returns from Coffey County, which were executed by 
the proper officers, in regular form, and were genuine, and have 
been duly transmitted to the Secretary of State. It has just been 

decided in Rosenthal v. Board of Canvassers, 50 Kan. ■ , 32 

Pac. Rep. 129, that after the board of canvassers has canvassed all 
the returns, declared the result, completed its labors, as the stat- 
ute prescribes, and adjourns without day, it is fundus officio, and 
cannot voluntarily, or by compulsion, reassemble, or make any 
other or different canvass than has been made. No certificate 
can now be obtained by him, and if he has been wronged by the 
action of the county canvassing board, it can only be corrected 
by the House of Representatives. 

It was suggested in argument that he was entitled to have a 
recanvass made in order to furnish evidence of the true result 
for use in the contesting tribunal. It is wholly unnecessary, 
however, to invoke the mandate of this court for that purpose. 
The Legislature itself is vested with full power to obtain all the 
testimony which could be compelled by this court, and it is fun- 
damental that mandamus will not be employed where there is 
another adequate and suitable remedy. Our conclusion is that 
the plaintiff has failed to establish his right to the writ, and it 
must therefore be refused. All the justices concurring. 

THE JACKSON COUNTY CASE. 



SHBLLABARGBR VS. WILLIAMSON ET AL., COMMIS- 
SIONBRS, 
(Supreme Court of Kansas, January 7, 1893.) 
Mandamus to Bisection Officers— When Granted— Appor- 
tionment Act— Representative District — Intention 
of Legislature. 

Under the apportionment act of 1886, Jackson County constituted only 



LETTERS TO GOVERNOR LEWELLING. 138 

one representative district, numbered 43. Under the apportionment act of 
1S91, it -was divided into two representative districts, numbered 38 and 39. 
The thirty-eighth representative district included the citj' of Holton within 
its territorial boundaries, but the city of Holton was not mentioned in the 
act. At the election in 1S92, votes were cast for representative in the thirty- 
eighth representative district, including Holton, as follows: For Nick 
Kline, 956 votes ; for Ed. Shellabarger, 766 votes ; for Moses Sarbach, 81 votes; 
and the canvassing board of Jackson Count}', in canvassing the votes cast 
in the thirty-eighth representative district, counted the votes cast in the 
city of Holton as belonging to such district. The votes cast outside of the 
city of Holton for candidates for representative were as follows : For 
Shellabarger, 629 votes; for Kline, 554 votes; for Sarbach, 14 votes. Held, 
that it was, in all probability - , the intention of the Legislature that Holton 
should constitute a part of the thirty-eighth representative district, and 
that the intention of the legislature should govern, although the}' may not 
have used the most appropriate language to express their intention ; that 
the Legislature coulctnot create a representative district including a city 
within its territorial boundaries without providing in any manner for the 
city, and thereby disfranchise the voters of such city ; that to disfranchise 
the voters of the city of Holton would be a great injustice and wrong, and 
mandamus will not lie where its only effect is to aid in accomplishing an 
injustice or wrong ; nor will it lie to accomplish a useless or fruitless thing. 
In no event can it be considered that Shellabarger was elected a represent- 
ative from any district in Jackson County, and a party having no interest 
in the result o'f an action cannot maintain the action. 

(Syllabus by the Court.) _ 

Original proceeding in mandamus, by Ed. Shellabarger against 
Williamson and others, the board of county commissioners of 
Jackson Count}*, and another, to compel defendants to recanvass 
the votes cast for representative of the thirty-eighth representa- 
tive district in the general election in 1892. Writ refused. 

W. C. Webb, G. C. Clemens, and Frank Doster, for plaintiff. 
T. F. Garver. S. R. Peters, C. I. Long, and F. B. Dawes, for de- 
fendants. 

Valentine, J. This is an application, brought originally in 
this court by Ed. Shellabarger, for a writ of mandamus to compel 
the board of county Commissioners of Jackson County, as a 
board, to reconvene and recanvass the votes cast at the general 
election held in November, 1892, for the office of representative 
of the thirty-eighth representative district. It appears that the 
board, in its previous canvass, declared that for that office Nick 
Kline received 956 votes, Shellabarger received 766 votes, and 
Moses Sarbach received 81 votes, and showing that Kline was 
duly elected. The canvassing board, in its canvass, included the 
votes cast in the city of Holton, while Shellabarger claims that 
such votes should not be counted, and that by counting the 
others only, and not them, the number of votes cast for Shella- 
barger would be 629; for Kline, 554; and for Sarbach, 14; total, 
1,197. The writ of mandamus must be refused- Under the 
apportionment act of 1886, Jackson County constituted only one 
representative district, numbered 43. Under the apportionment 
act of 1891, which is now in force, that county is divided into 
two representative districts, numbered 38 and 39. The thirty- 
eighth district is composed of six townships, in the northeast 
part of the county, and contains about one-third of the territory 
of the county. The thirty-ninth district is composed of the 
remaining townships of the county. The city of Holton is not 
mentioned by name in the act. It is situated, however, wholly 



I 



134 LETTERS TO GOVERNOR LE WELLING. 

within the territorial boundaries of the thirty-eighth district; and, 
so far as the map presented to the court during the hearing of 
the application shows, it is also situated wholly within the terri- 
torial boundaries of Franklin Township, which is one of the 
townships of the thirty-eighth representative district. Unques- 
tionably the Legislature intended to include Holton within the 
thirty-eighth representative district, for if it is not within that 
district, then the voters of the city of Holton must be, and are, 
disfranchised, so far as a representative is concerned, and it can 
not be supposed that the Legislature ever intended any such 
illegal and outrageous thing. Besides, if the city of Holton is 
not included within the thirty-eighth representative district, 
then such district will have an exceedingly small voting popula- 
tion (onlv 1,197 votes), while the surrounding representative 
districts in that county, and the counties of Pottawatomie, 
Marshall, Nemaha, Brown, Atchison, Jefferson, Shawnee, and 
Wabaunsee (12 representative districts) have an average voting 
population of over 3,400. Even with Holton in the thirty-eighth 
representative district, the district would have a comparatively 
small voting population — only 1,806. Probably, under the general 
rules for the construction of statutes, it should be held that 
Holton is within such district ; for it is a general rule of con- 
struction that the intention of the Legislature shall govern, 
whenever that intention can be fairly ascertained, although the 
most appropriate language might not be used in expressing that 
intention. If it were held that the city of Holton is within the 
thirty-eighth representative district, that would end this case ; 
for in that case the board of canvassers did precisely what was 
their duty to do, and Kline, and not Shellabarger, was elected 
representative of that district. But if it should be held that the 
city of Holton is not within the thirty-eighth representative 
district, and that its voters should be disfranchised, then it must 
be held that the canvassing board did not do its duty. We shall 
cite some of the authorities upon the construction of statutes. 
Where it reasonably appears what was the intent of the Legis- 
lature, the statute will be construed so as to effect that intent, 
although contrary to the letter of the statute. {In re Vanaer- 
berg, 28 Kan. 243, 258; Sedgw. St. Const. (2d Ed.) 254, 255, note; 
Chesapeake & O. Canal Co. v. Baltimore & O. R. Co., 4 Gill & 
J. 152; Brown v. Somerville, 8 Md. 444, 456; City of Wichita v. 
Burleigh, 36 Kan. 34, 42, 12 Pac. Rep. 332; People v. Insurance 
Co., 15 Johns. 358; Pond v. Maddox, 38 Gal. 572; Amberg v. 
Rogers, 9 Mich. 340 ; State v. Boyd, 2 Gill & J. 365, 374 ; New 
England Car Spring Co. v. Baltimore & 0. R. Co., 11 Md. 81 ; 
U. S. v. Freeman, 3 How. 556, 565; Murray's Lessee v. Baker \ 
3 Wheat. 541 ; Oates v. Bank, 100 U. S. 239 ; U. S. v. Kirby, 7 Wall. 
483, 486, 487.) 

Statutes are sometimes extended to eases not within the letter of them, 
and cases are sometimes excluded from the operation of statutes, though 
within the letter, on the principle that what is within the intention of the 
makers of a statute is within the statute, though not within the letter, and 
that what is within the letter of a statute, but not within the intention of 



LETTERS TO GOVERNOR LEWELLIXG. 135 

the makers, is uot within the statute ; it being- an acknowledged rule, in the 
construction of statutes, that the intention of the makers ought to be 
regarded.— State v. Boyd, 2 Gill & J. 374. 

Statutes should be construed with a view to the original intent and 
meaning of the makers, and such construction should be put upon them as 
best to answer that intention, which may be collected from the cause or 
necessity of making the act, or from foreign circumstances, and, when discov- 
ered, ought to be followed, although such construction may seem to be con- 
trary to the letter of the statute. — Chesapeake & O. Canal Co. v. Baltimore & 
O. R. Co., 4 Gill & J. 152, approved in New England Car Spring Co. v. Balti- 
more & O. R. Co., 11 Md. Si. 

I<aws to carry on the government are to receive a liberal construction to 
effectuate the objects designed; and if the legislative purpose can be arrived 
at, in the absence of express language, that meaning is to be observed and 
obeyed.— Hardesty v. Taft, 23 Md. 513. 

A thing which is within the intention of the makers of a statute is as 
much within the statute as if it were within the letter, and a thing which is 
within the letter of the statute is not within the statute, unless it be within 
the intention of the makers, and such construction ought to be put upon it 
as does not suffer it to be eluded.— People v. Utica Ins. Co., 15 Johns. 358. 

The meaning of the Legislature may be extended beyond the precise 
words used in the law, from the reason or motive upon which the Legislature 
proceeded, from the end in view, or the purpose which was designed. — U. S. 
v. Freeman, 3 How. 565. 

All laws should receive a sensible construction. General terms should 
be so limited in their application as not to lead to injustice, oppression, or 
an absurd consequence. It will always, therefore, be presumed that the 
Legislature intended exceptions to its language, which would avoid results 
of this character. The reason of the law, in such ":ases, should prevail over 
its letter.— U. S. v. Kirby, 7 Wall. 4S2, 486, 487. _ # 

If it should be held that the city of HoiW j. is not within the 
thirty-eighth representative district, then it must be held that the 
apportionment— so far, at least, as the city of Holton, and per- 
haps the district or county, is concerned — is absolutely void. 
(State v. Van Duyne, (Neb.) 39 N. W. Rep. 612; Cooley, Const. 
Lim. (6th Ed.) 775; Attorney-General v. Board of Supervisors, 
11 Mich. 63; People v. Mayfiard, 15 Mich. 463, 469, 471.) The 
Legislature had no authority to disfranchise the voters of the 
city of Holton; and if the}'' attempted to do so, or left it out inad- 
vertently, their act or omission would be void. If such an act 
or omission would render the district void, then Shellabarger, 
the applicant, would have no interest in any recanvass of the 
votes; for no person could be considered as having been elected 
a representative of a district which had no existence. Any recan- 
vass of the votes, in such a case, would be absolutely fruitless, 
and Shellabarger could obtain no rights under such a recanvass ; 
and a writ of mandamus will never be allowed whereit can accom- 
plish nothing, or where, under it, the applicant can obtain no 
benefit. But if only the act or omission of leaving Holton out 
of the district would be void, and if the district, with Holton in 
it, is valid, then the board of canvassers did their exact duty, and 
Kline is elected. No one has any right to claim an election 
under the apportionment law of 1S86 ; for that law was absolutely 
repealed, by an express provision of the statute, when the 
apportionment law of 1891 took effect. But even if it was not 
repealed, and if it were still in force, and ifjackson County is still 
the old forty-third representative district, still Shellabarger could 
not claim to be elected under that apportionment; for he did not 



136 LETTERS TO GOVERNOR LEWELLING. 

receive a majority, or even a plurality, of all the votes cast in 
Jackson County for representative. Bach of two others received 
a higher number of votes .than he did ; to-wit, the aforesaid 
Kline, in the thirty-eighth district, and J. F. Pomeroy, in the 
thirty-ninth district. Kline received the highest number of votes 
for representative of any person in Jackson County. 

But, aside and independent of all the foregoing, Shellabarger 
has no right to a writ of mandamus. The allowance of a writ of 
mandamus is largely within the discretion of the court, and it is 
never allowed or issued where it will work injustice and wrong. 
Courts never lend their aid by mandamus, to perpetrate an injus- 
tice or a wrong, and it would certainly be a great injustice, a great 
wrong, — indeed, a great outrage, — to disfranchise the voters of 
the city of Holton, and to allow such a small voting district as 
the district without Holton would be, surrounded by populous 
districts, to elect a representative. This injustice, however, is, in 
effect, just what is asked for in the present case. It therefore 
follows, in any view we may take of the case, that Shellabarger is 
not elected ; and, whether the city of Holton is in or out of the 
thirty-eighth, representative district, Shellabarger can have no 
possible interest in a recanvass. If the city of Holton is in the 
district, either because the Legislature intended that it should be 
in, or because the Legislature, in creating the district, and in sur- 
rounding Holton and including it within the boundaries of the 
district, and without otherwise providing for Holton, could not 
legally leave Holton out of the district, still Kline, and not Shel- 
labarger, was elected. If, by leaving the city of Holton out of 
all districts, the thirty-eighth district is void, then still Shella- 
barger could not be considered as elected, and would have no 
interest in the result of this action. If the old apportionment of 
1886 is still in force and governs, then Kline is elected, and not 
Shellabarger ; and a party having no interest in the result of an 
action cannot maintain the action. The writ of mandamus will 
be refused. All the justices concurring. 

THE REPUBLIC COUNTY CASE. 



WILDS VS. STATE BOARD OF CANVASSERS. 

(Supreme Court of Kansas, January 7, 1893.) 

Elections for Representatives — Errors in Bai^ots. 

In canvassing" the votes east for representative in a county constituting 
a single representative district, it appeared that some of the ballots were 
cast by voters of that county on which the district was designated by an 
erroneous number. Held that the erroneous designation should be treated 
as surplusage, and that all of the votes should be counted. 

(Syllabus by the Court.) 

Original proceeding in mandamus by J. W. Wilds against the 
State board of canvassers, to compel defendants to recount the 
returns from Republic County, and declare him elected repre- 
sentative, instead of J. M. Foster. Writ refused. 

W. C.Webb, G. C. Clemens, and Frank Doster, for plaintiff. T. 
F. Garver, S. R. Peters, C. I. Long, and F. B. Dawes, for defendant. 



LETTERS TO GOVERNOR LEWELL1NG. 137 

Johnston, J. This is an application by J. W. Wilds for a writ of 
mandamus to compel the State board of canvassers to recanvass 
the abstract or returns from Republic County, and upon that 
return to declare that he had been elected representative, instead 
of J. M. Foster, to whom a certificate of election has been granted. 
In his application he states, in substance, that he was a candi- 
date at the last election for representative of the sixty-first dis- 
trict ; that J. M. Foster and L. M. Morris were also candidates for 
the same place; that at that election he received 2,064 votes, 
Foster received 1,682 votes, and Morris received 99 votes, and 
that the county canvassing board substantially found and 
declared that result; that the county clerk then transmitted an 
abstract of the votes to the Secretary of State, which, upon its 
face, shows that Wilds receivedthe greatest number of votes for rep- 
resentative in that district, but that the State board of canvassers, 
in violation of its duty, had found and declared that Foster was 
elected, and that a certificate had been issued to him. The 
abstract was referred to in the informatian, and was presented to 
the court at the hearing, and upon these two papers the right 
of the plaintiff to an alternative writ, or to any aid through a 
proceeding in mandamus, is presented to this court. Having 
this abstract before us, we have all that was before the State can- 
vassing board, and everything upon which Wilds baseshis right for 
relief, and hence we may now dispose of the case upon its merits. 
It is conceded that the duties of the canvassing board are 
mainly ministerial, and that they are confined to an examination 
of the returns made to them. They are required to give a rea- 
sonable construction to the return, and exercise intelligence and 
judgment in determining what- it shows. All parts of it should 
be taken and considered together in determining the real result 
of the election. So considered, then, what is a fair and just con- 
struction of its terms ? It reads as follows : 

Certified Abstract of Votes Cast for Members of the Senate and 
House of Representatives, in the County of Republic, State of 
Kansas, at the General Election Held on the 8th day of Novem- 
ber, A. D. 1892. 
State of Kansas, County of Republic, ss. 

I, R. H. Galloway, county clerk of the County of Republic, State of Kan- 
sas, do hereby certify that the following is a true and correct abstract of 
votes cast in said county, at the general election held on the 8th day of 
November, A. D. 1892, for members of the Senate and House of Representa- 
tives, to-wit : 

TOR SENATOR, DISTRICT. 

Name. P. 0. Address. Received. 

B.R. Hogin, Belleville, 2,i45votes. 

George D. Bowling, " 2,054 votes. 

Geo. M. Simpson . Concordia, xojvotes. 

FOR R EPRESENTATTVE, 6lST DISTRICT. 

Name. P. O. Address, Received. 

J.M.Foster, ' Courtland, 1,682 votes in 6ist Dist. 

472 " " 73d " 

2.IS4 

J. w. wilds, Munden, Kas., 2,064 votes in 61st Dist. 

3 " " 7, ;( l 

2.067 
It*. M.Morris, Unknown, 



138 LETTERS 70 GOVERNOR LEWELUXC. 

Part of the tickets -were printed giving the number of the representative 
district as the 73d, instead of the 61st ; hence the vote for the two districts. 

In witness whereof, I have hereunto subscribed my name, and affixed 
the seal of the county of Republic, at Belleville, this 14th day of November, 
A. D. 1892. R. H. Galloway, 

[seal] County Clerk. 

State of Kansas County o/Reptcblic, ss. 

I, R. H. Galloway, county clerk of the County of Republic, State of Kan- 
sas, do hereby certify lhat the above is a true and correct copy of the orig- 
inal abstract now on file in my office. In testimony whereof, I have here- 
unto subscribed my hand, and affixed the seal of the county of Republic, at 
Belleville, this 14th day of November, A. D. 1892. R. H. Galloway, 

[seal] County Clerk. 

Filed for record Nov. 18, 1892. Wm. Higgins, Sec. of State. 

It will appear from the abstract that there were 2,154 votes 
cast for Foster for representative in the county of Republic, but 
it is contended by Wilds that, because the abstract shows that 472 
of them were cast for him as representative of the seventy-third 
district, they should not be counted. As will be seen, the abstract 
contains a statement explaining how the error occurred. It is 
said that the explanatory statement has no place in the abstract, 
and should not be considered; but we think it may properly be 
regarded as a part of the abstract, and should be considered in 
determining the result of the election. It appears to be a rjart of 
the abstract made by the county canvassing board, which is now 
on file in the records of Republic County. Like the balance of 
the statement in the abstract, it precedes the certificate of the 
clerk, who certifies that all of it constitutes a true and correct 
copy of the original abstract on file in his office. A fair inter- 
pretation of the abstract clearly shows that all of the votes men- 
tioned therein were cast in Republic County, and by electors of 
that county. The county constitutes a single representative dis- 
trict, and the district includes all of the county. Every elector 
in that county was entitled to vote for a representative, and, as 
but one representative could be voted for in the county, can there 
be any question that all the votes mentioned were cast for the 
representative of Republic County, and of the sixty-first repre- 
sentative district? The officer to be chosen is designated in the 
Constitution as "representative," and not as the representative of 
a numbered district, and the addition of words which wrongly 
describe the office should not destroy the ballot, nor defeat the 
manifest will of the electors. The ballot indicates the will of 
the voter, and when, in the light of all the surrounding circum- 
stances, the purpose of the voter can be ascertained with reasona- 
ble certainty, effect should be given to it. So it has been held 
that a slight error in writing the name of a candidate upon a 
ticket, or an immaterial misdescription of an office thereon, will 
not annul the vote. The words "m 73 Dist.," under the authori- 
ties, should be treated as surplusage, and the undoubted will of the 
voter carried out. {Clark v. County of 'Montgomery ',33 Kan. 202, 
6 Pac. Rep. 311 ; State v. Howe, (Neb ) 44 N. W. Rep. 874; Inglis 
v. Shepherd, 67 Cal. 469, 8 Pac. Rep. 5 ; McKinnon v. People, 1 10 
111. 305; Newton v. Newell, (Minn.) 6 N. W. Rep. 346; Behrens- 
vieyer v. Kreitz, (111. Sup.) 26 N. E. Rep. 704; 5 Cong. Elect. Cas.. 



LE TTERS TO GO J >ERNO R L E WEL L TXG. 1 39 

190.) We are to take notice of the general laws of the State upon 
the question, and by doing so it is easy to account for the errone- 
ous description of the district. The present apportionment law 
constitutes Republic County the sixty-first representative dis- 
trict, and the preceding apportionment law made a portion of the 
same county the seventy- third repreoentative district; and, as the 
abstract shows, some of the voters carelessly used the old num- 
ber in designating the office upon their ballots. But, as it would 
have been sufficient and legal to have designated the office "repre- 
sentative," without any number, the addition of the words indi- 
cating a wrong number, and one in which theelectorsof Republic 
County could not have voted, will not affect the validity of the 
votes. "When all the votes are counted, Foster has a plurality of 
87 votes, and is entitled to the office. We reach the conclusion, 
without any hesitation, that the State board of canvassers acted 
correctly in awarding the certificate to Foster, and, further, that 
the application of Wilds should be denied. That will be the 
judgment of the court. All the justices concurring. 

THE HASKEU, COUNTY CASE. 



ROSENTHAL VS. STATE BOARD OF CANVASSERS ET AL. 

(Supreme Court of Kansas, January 7, 1893 ) 

Mandamus to Canvassing Board — Contents op Writ — 

Power of Board after Adjournment— Reassembey. 

1. The courts have jurisdiction, in mandamus, to control a canvassing 
board, whether it be tov/nship, city, county, or State, if it neglects or refuses 
to perfoi tn any act which the law especially enjoins upon it as a duty. 

2. The writ of mandamus, whether alternative or peremptory, must not 
only show the obligation of the defendant to perform the act, but must also 
show his omission to perform it. [State v. Carney ; 3 Kan. 88.) 

3. Mandamus will not lie to compel an officer or a board of canvassers 
to do an act which, without its command, it would not have been lawful for 
the officer or board to do. (State v. Board of Com'rs of Kearny County, 22 
Pac. Rep. 735, 42 Kan. 739.) 

4. Where the county clerk of a county signs, authenticates, and trans- 
mits to the Secretary of State, within the time prescribed by the statute, an 
abstract of the votes of a representative district of his county, cast f • r a 
member of the House of Representaiivts, although such abstract states 
incorrectly the votes cast for the candidates for such office, yet if the board of 
State canvassers, without any notice or knowledge of the error or mistake 
in such abstract, proceeds, in good faith, according to the statute, to exam- 
ine and declare the whole number of votes given in the representative 
district at the election, and from the face of such, abstract determines that 
the person therein stated to have the greatest number of votes is duly 
elected as representative, and mo other abstract is presented, or called to the 
attention of the board, from that county or district, during its session, such 
board discharges its whole duty in the premises; and after it has finally 
adjourned its power is at an end, and it cannot reassemble or make a 
recount. When its duty is once fully performed, it is performed once and 
forever, and cannot be repeated. 

5. After the board of" State canvassers has canvassed all the returns 
fromall the counties of the State, and declared the result, and ordered certifi- 
cates, as prescribed by the statute, and then, having completed its labors, 
adjourns without day, it is functus officio— officially dead; and the courts 
have no power to compel the board *o reassemble, or recount any returns, 

(Syllabus by the Court.) 



140 LETTERS TO GOVERNOR LEWELL1XC. 

Original proceeding in mandamus, by Joseph Rosenthal 
against the State board of canvassers of the State of Kansas and 
others, to compel defendants to determine that Joseph Rosenthal 
has received the highest number of votes cast in the 121st 
representative district for member of the House of Represent- 
atives, and to issue a certificate therefor. Writ refused. 

W. C. Webb, Ct. C. Clemens, and Frank Doster, for plaintiff. 
J. N. Ives, attorney-general, T. F. Garrver, S. R. Peters, F. B. 
Dawes, and C. I. Long, for defendants. 

Horton, C. J. This was an action of mandamus to compel 
the board of State canvassers to convene, and determine that 
Joseph Rosenthal has received the greatest number of votes cast 
in the 121st representative district for member of the House of 
Representatives, and, after having declared him duly elected to 
that office, to issue to him a certificate therefor. The facts in the 
case are as follows: Joseph Rosenthal, at the general election 
held on the 8th of November, 1892, being eligible thereto, was a 
candidate for the office of member of the House of Representa- 
tives for the 121st district, being Haskell County, for the term 
commencing on the second Tuesday of January, 1893. A. W. 
Stubbs was also a candidate for the position at that election. 
Upon the face of the returns filed with W. H. Hussey, county 
clerk of Haskell County, after 1he election, as prescribed by the 
statute, Joseph Rosenthal received 156 votes, and A. W. Stubbs 
123, only. Subsequently the board of county canvassers of Has- 
kell County duly canvassed the returns, in accordance with the 
face thereof, and such determination was reduced to writing, 
signed by the commissioners and attested by the clerk, showing 
that Joseph Rosenthal had received the highest number of votes 
for the office of representative. Afterwards the county clerk 
made out and forwarded to the Secretary of}- tate an abstract of 
the votes for representative of Haskell County, but by accident 
or design — probably by gross negligence — in the abstract of 
votes transposed the figures, so as to show that A. W. Stubbs 
received 156 votes, and Joseph Rosenthal 123, only. This abstract, 
certified to by Hussey, as county clerk, on the 12th day of Novem- 
ber, 1892, was sealed up by him in an envelope, indorsed and 
addressed as required by law, and then transmitted to the Secre- 
tary of State, who received and filed it in his office on the 16th 
day of November, 1892. The State board of canvassers met for 
the purpose of canvassing the result of the election of November 
8, 1892, as prescribed by the statute, on the 28th of November, 
1892, and continued in session from day to day until December 1, 
1892, when, having completed the canvass of all the returns on file 
with the Secretary of State, of the November election of 1892, they 
adjourned without day. The certified abstract of the votes given 
in Haskell County for representative was examined by the board, 
and thereon a statement was made by them, showing that A. W. 
Stubbs had received the greatest number of votes for represent- 
ative, and was duly elected to that office. A certificate of such 
determination was ordered by the board, and was subsequently 



LETTERS TO GOVERNOR LEWELLING. HI 

signed and issued. On the 19th day of Decemter, 1892, about 
three weeks after the board of State canvassers had discharged 
their duties, and adjourned without day, an envelope addressed 
to him was received by the Secretary of State, without any 
indorsement to indicate that the same was an official communica- 
tion, which contained what purported to be a correct abstract of 
the votes of Haskell County for representative, showing that 
Joseph Rosenthal received 156 votes, and A. W. Stubbs 123, only, 
and attached to the new or corrected returns was an affidavit of 
the county clerk, stating that his former abstract was incorrect 
and erroneous, and also further stating that the new or supple- 
mental returns were the correct abstract of the votes in Haskell 
County for representative, cast at the election on the 8th of 
November, 1892. At the time that the State board canvassed the 
abstract of the county clerk of the 12th of November, 1892, the 
members thereof had no notice from Joseph Rosenthal, or any 
one else, that the returns were incorrect, or in any way defective. 
It seems to be conceded in this case that in canvassing such 
returns they acted in good faith. No misconduct is charged. 
After the supplemental returns were received by the Secretary of 
State, on the 19th day of December, 1892, no request was made, 
before the commencement of this action, by Joseph Rosenthal, 
or any one else, that the board should reconvene or examine the 
additional returns and affidavit of the county clerk. 

It was urged upon the hearing of this case, upon the part of 
the defendants, that this court had no jurisdiction to inquire 
into the matters presented, because the Constitution of the State 
ordained that "each House shall judge of the elections, returns, 
and qualifications of its own members." This court is not, in a 
proceeding of this kind, a contest court, and, of course, cannot go 
behind the returns, and hear and determine whether Rosenthal 
or Stubbs received legal or illegal votes, or whether any frauds 
were committed at the election to the prejudice of either candi- 
date. But this court has jurisdiction, in mandamus, to control, 
in certain cases, a canvassing board, whether that board be a 
township, a city, a county, or a State canvassing board. In case 
the board refuses to issue a certificate of election to the person 
receiving the highest number of votes, upon a duly authenticated 
abstract on file in the office of the Secretary of State, and the 
relief by mandamus is withheld, the party aggrieved can have no 
remedy whatever to obtain his certificate. The person who has, 
upon the certified abstract, the greatest number of votes, is 
entitled to a certificate; and this cannot be awarded by the 
Legislature, or either branch thereof. A certificate of election 
has some value. It is prima facie evidence of the election of the 
person holding it to the office claimed. {State v. Carney^ 3 Kan 
88.) Where a canvassing board wrongfully neglects and refuses 
to canvass returns which are regular in form, as a general rule, 
the courts may, by mandamus, compel the board to canvass and 
declare the result upon the face of their returns; and if a canvass 
has been wrongfully or improperly made, and the board has 



142 LETTERS TO GOVERNOR LE WELLING. 

adjourned sine 1 die, this court may compel it to reassemble, and 
make a correct canvass of all the returns before it at the time of 
the first canvass. {Lewis v. Commissioners, 16 Kan. 102.) 

If a person, upon the face of the returns, is entitled to the 
certificate of his election, except in special instances, where 
wrong or injustice will be done, the courts have power to reach 
the officers composing the delinquent board by writ of man- 
damus, and compel them to action, and, if necessary, may compel 
them to reconvene and recanvass. Therefore, if there was noth- 
ing ( in this case but the question of jurisdiction of this court, the 
plaintiff would be entitled to the relief claimed by him." But it 
appears in this case, from the records of the board of State can- 
vassers, that the board on December 1, 1892, long before what 
purported to be the corrected returns from Haskell County were 
filed with the Secretary of State, had completed its labors, 
declared the result against the plaintiff, and finally adjourned. 
A writ of mandamus "may be issued to compel the performance 
of any act which the law specially enjoins as a duty resulting 
from an office, trust, or station." (Section 688 of the Code.) 

A want of a " plain and adequate " remedy, in the ordinary course of the 
law, is an essential prerequisite'to the issuance of the writ, in every case; bu t 
an equally essential prerequisite is an omission on the part of the defendant 
to perform the act required of him. The writ, whether alternative or per- 
emptory, must not only show the obligation of the defendant to perform the 
act, but must also show his omission to perform it. — State v. Carney, 3 
Kan. 90. 

If the board may be compelled to reassemble and canvass the returns of 
the election, it would seem that it might voluntarily do so. Mandamus is 
employed to enforce the performance of a duty; and, since it is a duty, it 
certainly may be performed by the officers without the command or com- 
pulsion of the court. It is held that mandamus will not lie to compel an 
officer to do an act which, without its command, it would not have been law- 
ful for him to do. — State v. Board of Com'rs of Kearny County, 42 Kan. 739, 
22 Pac. Rep. 735 

If the board of State canvassers had discharged all of its 
duties, which the law especially enjoined upon it, before its final 
adjournment, on the 1st day of December, 1892, then no writ of 
mandamus can issue, because there would be the performance of 
no duty to enforce. 

A canvassing board, having once counted the votes, and declared the 
result according to law, has no power or authority to make a recount. 
When this duty is once fully performed, it is performed once and forever, 
and cannot be repeated. To suppose that it could be renewed, that the can- 
vass of one day could be repeated the next, and counter-certificates be issued 
to different contestants as new light or influence was brought to bearupon 
the mind of theclerk, would render the whole preceding a farce.— McCrary, 
Elect. (3d Ed.) § 232. (Bozven v. Hixon, 45 Mo. 340; Clark v. Buchanan, 2 
Minn. 346, (Gil. 298); State v. Donnewirth, 21 Ohio St. 216; State v. Stewart, 
26 Ohio St. 216.) 

If a canvassing board, having concluded its labors, and finally 
adjourned, has no power or authority to reconvene and recount, 
the courts, under the provisions of the statute, cannot, by man- 
damus, compel the board to reassemble, or give them any power 
so to do. It is, however, contended, upon the part of Rosenthal, 
that as the statute requires the county clerk of Haskell County 
to make out an abstract of the votes for representative, and, after 
having been signed and certified to by him, to deliver the same, 



LETTERS TO GOVERNOR LE WELLING. 143 

by mail, to the Secretary of State, and as the first returns were 
not true, because they incorrectly stated the votes of each of the 
candidates, no valid abstract was received from Haskell County 
prior to December 19, 1892, and therefore, as no true abstract 
or returns were received, this court may compel the board of 
State canvassers to reassemble, and complete its work, by can- 
vassing the later, or supplemental, returns. If no abstract from 
Haskell County had been received by the Secretary of State 
before the final adjournment of the board, on December 1, 1892, 
and if the State board had had no abstract or returns before 
them, from Haskell County, to act upon, it is possible that under 
the decision of Lewis v. Commissioners, 16 Kan. 102, mandamus 
would lie, upon the ground that only a partial canvass had been 
made. But that is not this case. An abstract of the votes for a 
member of the House of Representatives, signed and certified by 
the county clerk, properly indorsed and directed to the Secre- 
tary of State, was received by him, and placed before the State 
board of canvassers during their proceedings in November. 
That abstract was incorrect, but it came from the proper officer. 
It was signed and certified by the proper officer. It was duly 
authenticated. It was not challenged or objected to. The mem- 
bers of the State board of canvassers had no notice or knowl- 
edge, at the time they were considering it, that it was incorrect 
or defective. Upon the face of the returns, they appeared to be 
in full compliance with the provisions of the statute. There was 
nothing in the returns, or in the manner in which they were 
transmitted or received, to cause suspicion, or to demand any 
other action thereon than usual and customary in such cases. 
The State board accepted the returns as truthful, passed upon 
them as such, and declared the result therefrom. It is well set- 
tled that the duties of canvassing officers are purely ministerial, 
and extend only to the counting up of the votes, and awarding 
the certificate to the person having the highest number. They 
have no judicial power. (State v. Marston, 6 Kan. 524 ; McCrary, 
Elect. (3d Ed.) § 226.) As was said by Hoar, J., in Luce v. Mayheiu, 
13 Gray, 83: 

They are not made a judicial tribunal, nor authorized to decide upon the 
validity or the fact of the election in any other mode than by an examination 
of the returns" made to them according- to law. They are not required or 
authorized to hear witnesses or weigh evidence. They have no powei to send 
for persons or papers. If one result appears upon the returns, and another 
is the real truth of the case, they can only act upon the former. If they have 
not done their duty, the remedy of the person actually elected to the office is 
not to be sought in a mandamus. This court has no power to direct public 
officers to do any more than their duty, or anything different from their 
duty. 

Considering aU the facts and circumstances of this care pre- 
sented upon the trial, as no fraud, wrong, or other official miscon- 
duct is imputed-to the members of the State board of canvassers, 
or either of them, in receiving and counting the returns com- 
plained of, we must hold that they do not improperly reject any 
returns, or refuse to canvass any proper returns. When the board 
adjourned, on the 1st day of December, 1892, the membersthereof 
had fully discharged all of fieir duties; and it is too late now to 



144 LETTERS TO GOVERNOR LEWELLING. 

say that they can voluntarily, or by compulsion, meet again, as 
canvassers, to examine and pass upon the returns of the election 
of November, 1892. As a body, the board of State canvassers is 
functus officio — officially dead. It has no power of resurrection, 
so as to consider the returns of the election of November, i& 2, 
and this court cannot animate its dead body with the breath of 
life. Not only has its power in the premises ended, but its suc- 
cessors have no authority to reassemble, or act again upon the 
election returns. 

If it be said that this leaves Rosenthal without any remedy, 
and that the law, in some way, ought to furnish him a remedy 
for the wrong committed against him, we answer that, if this be 
true, it is the fault of the Legislature, not the fault of the State 
board of canvassers, nor the courts. But it is not wholly true. 
While Rosenthal may not obtain from the State board his certifi- 
cate, yet he has a remedy before the House of Representatives, 
even if not a complete one. The jurisdiction of each House to 
decide upon the election, returns, and qualifications of its own 
members is clearly given by the Constitution and the statutes. 
That body, with the general consent of its members, can admit 
him to his seat at once, or, if it so determine, it can delay his 
admission until full investigation is had of his claims. It may, 
it is true, act arbitrarily, and refuse him rights, but this is hardly 
probable. This proceeding, if successful, would have only given 
a certificate. The proceeding in this court is not a contest 
between Rosenthal and Stubbs, nor can we try the title to the 
office. The House of Representatives has the exclusive power 
to decide who have been elected members to its body. Rosen- 
thal has already commenced his contest before that tribunal. 
The House has full and ample jurisdiction over the office,— the 
substance he is seeking, — even if it cannot give him a certificate, 
the paper title. If he has been elected representative, as it 
seems to be conceded, it should be the wish and desire of every 
honest and patriotic citizen of the State that the will of the 
people of his county, as expressed by their ballots, should be 
carried out, and that, as speedily as possible, he be permitted to 
occupy his place as representative. No party desiring the sup- 
port of the good people of the State can, for partisan or political 
purposes, refuse him his seat merely because the clerk of 
Haskell County has made a mistake in his abstract or returns. 
The clerk has attempted to make some reparation by filing with 
the Secretary of State corrected returns, with Iris affidavit sup- 
porting the same. Most certainly, if we saw any way in which 
this court, in this proceeding, could properly, and in accordance 
with legal principles, grant Rosenthal a certificate, we would 
gladly do so. Under the limitations of the Constitution and the 
provisions of the statutes, we are powerless. The board of State 
canvassers, having finally adjourned, on December 1, 1892, are 
powerless, and their successors are equally so. The House of 
Representatives can rectify the serious mistake of the county 
clerk, which has deprived Rosenthal of his certificate, No other 



LETTERS TO GOVERNOR LEWELLING. 



145 



tribunal or body can now do so. That the House will act 
promptly and justly in the premises, we have the fullest confi- 
dence. The peremptory writ of mandamus prayed for will be 
refused. All the justices concurring. 



tf&P- 




146 LETTERS TO GOVERNOR LE WELLING. 



DECISION RENDERED IN 

THE DISTRICT COURT OF SHAWNEE 
COUNTY, 

BY JUDGE Z. T. HAZEN, FEBRUARY l8, 1893. 



In the Case for an Injunction against State Auditor Van 

B. Prather and State Treasurer W. H. Biddle, 

Enjoining Them from Paying out Money 

under an Alleged Act Passed by 

the Senate and "Rump" 

House. 



This case was brought for the purpose of testing the legality 
of the acts of what is known as the Dunsmore House. Attorney- 
General Little, Judge W. C. Webb, and Mr. Hitt appeared for the 
State in defense of the action of the State Treasurer in paying 
out money provided for by an appropriation bill which had been 
passed by the Dunsmore House and Senate and approved by the 
Governor. B. M. Curtis, county attorney, Mr. T. F. Garver, Mr. 
W. H. Rossington, and "Mr. David Overmeyer appeared for the 
prosecution. The trial occupied three days. Upon its conclusion 
Judge Hazen delivered the following decision : 

The State of Kansas, ex rel. B. M. Curtis, County Attorney of 
Shawnee County, Kansas, Plaintiff, vs. Van B. Prather, as 
Auditor of the State of Kansas, and W. H. Biddle, as Treasurer 
of the State of Kansas, Defendants. 



This suit was brought by the State of Kansas on the relation 
of B. M. Curtis, county attorney of Shawnee County, against Van 
B. Prather, Auditor of the State, and W. H. Biddle, State Treasurer, 
to enjoin the Auditor from issuing warrants upon the Treasurer, 
and the Treasurer from honoring warrants so drawn. The Audi- 
tor derives his authority to issue the warrants, and the Treasurer 
his authority to pay them, from the Senate Bill No. 97 ; and unless 
this act authorizes the drawing of the warrants by the Auditor 



LETTERS TO GOVERNOR LE WELLING. 147 

and the payment of them by the Treasurer, it is conceded no 
authority exists so to do. 

It is claimed on behalf of the State that this act is not legally 
enacted, and that warrants issued and money paid out in pursu- 
ance thereof is without authority of law. The real contention on 
behalf of the State is that this act had not passed the legal House 
of Representatives; or, in other words, that the House commonly 
known as the Dunsmore House, which passed this act, is not the 
legally constituted House of Representatives. 

For the purpose of showing that the Dunsmore House is not 
the legal House of Representatives the State has offered certain 
evidence. The defendants have introduced no evidence in this 
case, but entrench themselves behind the act itself and the jour- 
nal of the Dunsmore House, and say this act has passed the 
Dunsmore House, and has received the approval of the Senate 
and the signature of the Governor; that the courts are powerless 
to go behind the act itself and the journal of the House passing 
it; that whether the Dunsmore House is the legal House can not 
be inquired into ; that a law is legally enacted if passed by any 
body of men assuming to act as the House of Representatives 
and afterwards receives the sanction of the Senate and the signa- 
ture of the Governor; that it makes no difference whether the 
body of men who assume to act as a House of Representatives 
were persons elected for that purpose, but all that is necessary is 
that they shall assume to act in that capacity, and when they do 
act, and their action has received the sanction of the Senate and 
the approval of the Governor, it becomes law. 

It is further contended by the defendants that upon an inves- 
tigation of the questions involved in this case it will be necessary 
for the court to pass upon the legality of the seats of certain 
members, and that under the Constitution of this State the 
courts have no power to investigate these questions, but that each 
House is the sole judge of its own members. 

It is contended on behalf of the State that the investigation 
of the questions involved in this case does not go to the right of 
certain members to their seats in the House, but that it goes to 
the organization of the House, to the legal existence of the 
House itself 

These, in brief, are the respective claims of the parties to 
this controversy. 

It is shown by the evidence in this case that on the ioth day 
of January, 1893, the members of the House of Representatives 
assembled at the legislative hall ; that immediately after meeting 
there were sixty-four members holding certificates, who now, 
together with three additional members, constitute the Douglass 
House ; that there were fifty-eight members holding certificates 
of election, who now constitute the Dunsmore House, together 
with ten additional members seated by said House since the 
ioth of January. We then have in this case sixty-seven certified 
members, known as the Douglass House, who are assuming and 
claiming to be the legal House of Representatives. We' have 



148 LETTERS TO GOVERNOR LE WELLING. 

fifty-eight certified members, together with ten persons not hold- 
certificates of election, now commonly known as the Dunsmore 
House, and now claiming to be the legal House of Representa- 
tives. Both of these bodies have been meeting from day to day 
at Representative Hall, each of them having elected their officers 
and assuming to act in the capacity of the House of Representa- 
tives. The Governor and the Senate have recognized the Duns- 
more House as the legal House, and have refused to recognize 
the Douglass House as having any authority to transact business. 
The Dunsmore House passed the act in question, which is now 
the subject of controversy 

The question now arises, whether the courts have the power 
to determine which one of these Houses is the legally organized 
House of Representatives. It cannot be claimed in this case that 
either House is a de facto House, because during the entire time 
from the loth of January to the present both Houses have been 
meeting in the same hall, each House has been disputing the 
right of the other, and neither House has had the exclusive pos- 
session of the hall, but their possession has been equal. If the 
contention of defendants is true, an act can become a law with- 
out having passed the House of Representatives ; for it is claimed 
by defendants and argued by other counsel that a body of men 
may congregate, assume to act as a House of Representatives, 
elect its officers, pass bills, and if these bills so passed receive 
the recognition of the Senate and the signature of the Governor 
they become the laws of Kansas, although the persons who com- 
posed the supposed House of Representatives had never been 
elected by the people, had never been candidates for that posi- 
tion, and had no authority to act except assumed authority ; and 
counsel for defendant rely upon the case of The State 'ex ret. 
Herron against Smith, 44 Ohio State, page 348, to sustain this 
position. But with this contention this court cannot agree, and 
if this is the law of Kansas, this court will not be the first to pro- 
mulgate it; for the doctrine seems so dangerous and so revolu- 
tionary in its tendency that unless it can be supported by both 
authority and reason the court will be slow to follow it. If this 
contention be true, there would be but little use in electing 
members to the Legislature ; all that would be necessary to pass 
an act would be to have an organized body of men that the Sen- 
ate and Governor were willing to recognize. If this be true, one 
hundred and twenty-five men — or any other number, for that mat- 
ter — may gather at the court-house of this county, elect their offi- 
cers, declare themselves to be the legally organized House of 
Representatives, although the entire body may be composed of 
citizens of Shawnee County; and if they can receive the recogni- 
tion of the Senate and the Governor, their acts become the laws 
of Kansas, although the legally elected House of Representatives 
may be occupying the proper hall, being there by virtue of an 
election from their respective counties to represent their con- 
stituents ; and yet the body of men congregated at the court- 
house could ignore them entirely, and this body of men, together 



LETTERS TO GOVERNOR LEWELLINC. 149 

with the Senate and Governor, could enact laws for this State. If 
this be true, the Constitution of our State is not what we have 
supposed, and is not the safeguard thrown around the enactment 
of laws that it was supposed to be by its framers. We submit 
this position is such that a statement of the proposition is suffi- 
cient to refute it. 

But the Ohio case relied upon hy the defendants does not 
sustain the position they claim for it. In that case the Senate of 
that State had been legally organized ; its legal existence was 
not in question ; but after it had organized, after it had been 
meeting from day to da}-, twenty of its members withdrew from 
the Senate chamber and (as appears from the opinion) left the 
State, and the seventeen remaining members, assuming to act as 
the legally constituted Senate, seated four contesting members 
and then proceeded to enact laws. The Ohio court in that case 
held that a law enacted by the Senate after the seating of those 
four members was valid and subsisting law, but in that case there 
was no question as to the legality of the Senate. And in the 
opinion the court clearly recognizes that the admitted existence 
of" the Senate was a controlling element in the decision of the 
case ; and it is clear from an examination of that authority that 
those seventeen senators could never have organized the Senate 
without a constitutional majority; but the Senate having been 
legally organized, and after its legal existence had been recog- 
nized, then its acts would become valid ; and yet the dissenting 
opinion in that case of Chief Justice Owen, in which he chal- 
lenges the constitutional power of the minority of the senators 
to transact business, except to adjourn from day to day, was so 
forcible that it required a counter-opinion from one of the judges 
on the bench to break the force of his position. But that case 
has no application here. In that case the legal existence of the 
Senate was recognized, and had been for a number of days. Here 
the legal existence of the Dunsmore Hore is denied, and has 
been denied since its organization. In this case the Douglass 
House consists of a constitutional majority of certificated mem- 
bers. The Dunsmore House lacks a constitutional majority of 
certificated members, and no organization could be effected, and 
no House of Representatives could exist until a constitutional 
majority of persons holding certificates meet and resolve them- 
selves into a House of Representatives. The courts must de- 
termine which of these two Houses is legally organized, because 
there can be but one legal House of Representatives. 

If the contention of defendants is true, and this bill in ques- 
tion is constitutional, then a bill passed by the Douglass House 
receiving the sanction of the Senate and the signature of the Gov- 
ernor, would become a law. 

Can it be possible that the validity of a law depends upon which 
one of these two houses the Governor and Senate see fit to recog- 
nize, not for the entire session, but only for the bill passed? If 
this be true, then certain bills may pass the Dunsmore House, 
receive the sanction of the Senate and the signature of the Gov- 



150 LETTERS TO GOVERNOR LEWELLLXG. 

ernor, and become laws, and other bills may be passed by the Doug- 
lass House, receive the sanction of the Senate and the signature 
of the Governor, and become laws, and we would then have in 
Kansas the strange anomaly of two legal Houses of Representa- 
tives. Yet, if the contention of defendants be true, this condition 
of affairs may exist at any time. 

If fifty-eight members, being less than a constitutional major- 
ity, can meet, organize the House, turn out certificated members, 
and seat others sufficient to give them a constitutional major- 
ity, and then, with the recognition of the Senate and Governor, 
transact business and enact laws, why may not forty-eight mem- 
bers do the same thing? If you once grant the authority of less 
than a constitutional majority t© organize the House, then there 
is no limitation except the will of the persons who seek to organ- 
ize it. If, then, at the next election, the Democrats should elect a 
Governor and have control of the Senate, they can organize a 
House irrespective of the members elected. But defendants' 
counsel say that courts may not go behind the journal ; that the 
journal is a barrier behind which the courts can never go. But 
what journal is it behind which the courts cannot go ? It must be 
the journal of the House of Representatives, and not a journal of 
a. House claiming to be the House of Representatives; and the 
courts must first determine, when this question arises, whether it 
is the journal of the House, andin the determination of this ques- 
tion the whole case is determined. If the law is as contended for 
by defendants, then our Constitution is no protection in so far as it 
requires an act to pass the House of Representatives ; for, under 
their contention, it may pass any body, and if it receives the sanc- 
tion of the Senate and signature of the Governor, it becomes a 
law. If the Douglass House had disbanded and the Dunsmore 
House had continued to transact business, then it would have 
become a de facto House and the laws enacted by it would be valid ; 
but under the evidence in this case it will hardly be contended that 
the Dunsmore House is a de facto House. 

Under the evidence in this case and in accordance with the 
views expressed in this opinion, the temporary injunction must 
be allowed, for the reason that the court is of the opinion that the 
Dunsmore House is not the legal House of Representatives, and 
that the act in question has not been legally passed. 

Injunction allowed. 



LETTERS TO GOVERSOJt LEWELLINC. 161 



IN THE SUPREME COURT. 



The Testimony of Hon. A. H. Lupfer, Who was Eeected 

Temporary Ceerk of the Dunsmore House 

on January io, 1893. 



Mr. Lupfer, who is a Populist, and a representative from 
Pawnee County, gave the following testimony in the Gunn trial 
before the Supreme Court. His testimony is significant as 
showing the methods pursued by the Populists in organizing the 
House with less than a constitutional majority of certificated 
members. This evidence was elicited on cross-examination by 
the prosecution on Wednesday, February 22, 1S93: 

CROSS-EXAMINATION BY MR. ROSSINGTON. 

Q. Speaking- of this roll : When you saw the original roll, in what shape 
was it? Was it t3'pewritten? A. I did not notice that. 

Q. Did you see whether or not it was certified as a true copvbv the pres- 
ent Secretary of State, Mr. Osborn? A. I did not notice that at all ; I was 
paying attention to this slip, this page, upon which was written the names 
of the contestants, and as the members of the cistricts were called I indi- 
cated the names to Mr. Rich. 

Q. What do you mean by the original roll ? A. The roll that was handed 
to Mr. Rich. 

Q. What do you mean by the original roll? A. The roll that was handed 
to Mr. Rich by Speaker Dunsmore as having come from the Secretary of 
State Osborn. J 

Q. But whether or not it was the original list or a certified copy you do 
not know? A. I could not say. 

Q. Where did you get this list of names, from what source? A. It is my 
recollection that I received the names from the members-elect themselves ; 
I took down the names as they were given by the members. I think I put 
down one or two names at the suggestion of Mr. Breidenthal. 

Q. Who is Mr. Breidenthal? A. He is chairman of the State Central 
Committee of the People's party. 

Q. Was he a member of the Legislature? A. No, sir. 

Q. From whom else did you receive suggestions? A. I don't know 
that I received s ugges tions relative to these parties from any one else, except, 
as I stated, from the members themselves. 

* & NVhat do yol i mean h y " the members themselves," what members ? 
A. The contestants that were present at our caucus meeting the night pre- 
vious and the morning prior to the assembling in Representative Hall. 

Q. Who suggested that you should make this record to be handed in ? 
A. It was spoken of at the beginning of the organization. 

Q. The organization of what? A. The organization of the House by 
Speaker Dunsmore, and his remarks during the time that Mr. Osborn acted 
as chairman. 

1 i°-L Tnen it was made by you after the House assembled, was it? A. I 
had those names prior to that time. 

Q. From whom did you receive them prior to that time? A. From the 
members, I think I said. 

e. Where and under what circumstances? A. At our caucus meeting. 
. Then, as I understand you, it was determined at the caucus meeting 
to insert these names on the roll, was it? A. If the Republican side of the 
House persisted in calling the names of their contestees. 

Q. By "their contestees" you mean the names of the members appearing 1 



152 LETTERS TO GOVERNOR LEVELLING. 

upon this original official roll which you have mentioned? A. Yes, sir; 
persons against whom contests had been filed. 

Q. Had been filed, and whose names appeared on the roll? A. Yes, sir. 

Q. And if that roll was sought to be called and as it was recorded in the 
office of the Secretary of State, then you proposed t ) insert those names in 
the roll? A. The proposition was made that all parties whose seats were 
contested should be set aside until after the temporary organization of the 
House. 

Q. Then, I understand you, the Republicans had a certified roll that was 
produced there before this original roll you speak of? A. They said so : I 
do not know it was the fact. 

Q. They were calling names from what appeared to be such ? A. What 
they claimed to be such. 

Q. Was your name called? A. I wasn't paying any attention to that 
roll-call. 

Q. Exactly not. They were calling that roll, were they not— don't you 
know that the roll they were calling was identical with the original roll 
that was handed into the House by Mr. Osborn ? A. They said it was a 
certified copy. 

Q. Don't you know it was ? A. I cannot say, sir. 

Q. Did you hear any.variation from the original roll in the call? A. I 
wasn't paying any attention to their roll-call. 

Q. Did you know, or have reason to believe, that that roll would be 
changed oraltered as delivered by the Secretary of the State, or a copy of it, 
identical with it, would be called without change or alteration ? A. I was 
not by the side of Remington ; if he called the complete roll, I paid no 
attention. 

Q. How did you know, then, to direct that the names of these con- 
testants should be put in, unless you knew the names of the contestees were 
being called? A. I knew the numbers of their districts. 

Q. Then you heard the names called, did you? A. I received the 
numbers of the districts from the members themselves. 

Q. Then, as I understand y u, what you are pleased to call the con- 
testants asked you to have their names put upon the roll ; is that a fact ? A. 
I don't know that they asked me to have that done. 

Q. Did you do it officiously, without anybody suggesting it to you ? A. 
No, sir ; the direction of the Speaker, I believe, sir, was that those names be 
called. 

Q. What Speaker do you refer to ? A. Speaker Dunsmore. 

Q. Did he give you any such direction before the roll was called by Mr. 
Rich? A. The direction was given to Mr. Rich, and I simply indicated to 
him the district in which these contests appeared. 

Q. Did you know that right next to Mr. Dunsmore there stood Mr. 
Douglass at that very time? You knew that, did you not? A. Yes, sir ; I 
presume he was standing there. 

Q. And prior to Mr. Douglass standing there, Mr. Cubbisou had stood 
there, had he not? A. I presume so. 

Q. And Mr. Remington occupied the clerk's desk, and you stood there 
beside him for awhile? A. While he was waiting for his roll. 

Q. Didn't he call his roll? A. I presume he did, sir, but I was not there. 

Q. Don t you know it to be a fact ? A. I presume he called a roll, but I 
was not there when he did it. 

Q. How did you happen to be away ? You were there as clerk ? A. I 
had no roll to call at that time. 

Q. Were you not by his side or right rear him? A. When? 

Q. When he called his roll. A. My recollection is, I was not ; I was 
there when he first went up to the stand. 

Q. Is it not a fact that you were not elected and were not there at all? 
A. When Mr. Remington was there? 

&. Yes, sir. A. When Mr. Remington was elected temporary chief clerk 
I was there shortly after him, but at that time neither one of us had a roll. 

Q. How long after? A. I could not state. 

Q. Is it a fact that during the incumbency of Mr. Remington in the 
temporary clerkship of that House, during his incumbency, that you had 
been chosen as temporary chief clerk of the Dunsmore House, so called ? A. 
I took my place there very shortly after Mr. Remington, but it is my recollec- 
tion that Mr. Remington stood there, waiting for a roll to be presented 
to him. 



LETTERS TO GOVERNOR LEWELLIXG. 158 

Q. Had not Mr. Douglass taken his place before you took your place 
beside Mr. Remington ? A. I could not state. I don't know whether he had 
or not ; I am not positive. 

Q. Do vou remember Mr. Douglass making a speech thanking the mem- 
bers of the'House for the honor of his election ? A. No, sir ; I don't recollect 

that - 

Q. Do you say that did not happen there? A. I did not see it happen. 
$. Did you not hear Mr. Remington remark that Mr. Cubbison was still 
in the stand at the time vou took your place beside Mr. Remington and 
while you were both waiting for a roll ? A. Yes, sir ; for a short time, I pre- 
sume I did. 

Q. Now, was Mr. Cubbison or Mr. Douglass in the stand at that time? 
A. I presume that Mr. Cubbison was in it at that time. I was not paying 
any attention, 

Q. You say you were chosen chief clerk before that ? A. I was chosen 
chief clerk immediately after Mr. Remington was ; I presume Mr. Cubbison 
was — 

Q. Apart from these questions of priority, you heard Mr. Remington say 
in a loud tone of voice, "I hold in my hands a certified copy of the list of 
members as it appears in the office of the Secretary of State," and he was 
directed to read it. You heard that? A. I said before that I heard some 
one make that remark, or something similar to that, but I could not state 
who it was that said it. 

Q. Was it agreed in your caucus that in place of these ten men whose 
names appeared upon the roll, the original roll handed you, that ten other 
names of contestants should be inserted, and that the first ten should be 
dropped ? A. The matter was talked over, but I think it was decided in the 
caucus that should the Republican side insist upon calling the roll with the 
contestees upon it, that we should add the names of the contestants, if they 
were willing to sit, to offset the contestees during the temporary organiza- 
tion, and this list should not bepresented. 

Q. How did you know, if you did not hear the roll that was called there, 
but that some such agreement had been entered into? A. I did not know 
that had not; I could not state that in the preliminary remarks by Mr 
Douglass the proposition— 

Q. You were chosen as the person who should furnish the necessary list 
of names to Mr. Rich as chief clerk? A. I had the names of these con- 
testants. 

Q. Kindly answer my question. Were you designated for that purpose, 
to furnish them to the clerk ? A. J presume I was. 
Q. By your caucus? A. I presume I was. 

Q. Did you assist Mr. Rich in the calling of that roll? A. Only so far 
as Ihave already stated. 

Q. When he came to the names of those who were on the roll, did you 
tell him not to call those names, but to call the others in their stead? A. I 
don't know that I did so ; I just indicated to him the number of the district 
in which the contestants appeared. 

Q. Is it not a fact that that is what Mr. Rich did as that roll was called? 
A. I think it is, sir. 

Q. Were you a member of what is known as the "Steering Committee" 
of this body of gentlemen called Populists? A. I don't remember that now; 
there were eight or nine members of that committee, but I don't remember 
whether I was selected or not. 

Q. Were you a member of the committee, I am asking? A. I presume I 
was, sir. 

o. Who was chairman of it? A. I could not state ; Mr. Dunsmore was 
spokesman of the committee. 

(2- What were the purposes and duties and intentions of this organiza- 
tion known as the " Steering Committee "? A. The persons on that were to 
place motions and make the nominations. 

Q. In other words, you had anticipated trouble in the organization 
according to the plans you had devised, had you not? A. We anticipated 
that the Republicans would force an organization to suit themselves. 

Q. Put it in this form: Y<>u anticipated that the Republicans would 
resi it your purpose of leaving these ten names off; is not that a fact? A. 
I presume I did, sir. 

Q. So your " Steering Committee" was devised for the purpose of meet- 



154 LETTERS TO GOVERNOR LE WE I LING. 

ing that resistance with either strategy or force ; is not that a fact ? A. I do 
not know, sir. 

Q. Was not that the purpose of your committee? A. We have never 
attempted to use either strategy or force in this matter. 

Q. Was it not the purpose of your " Steering Committee," as represent- 
ing the body out of which it was chosen, to prevent the organization of the 
House by those who held certificates of election, without considering the 
contestants ? A. We did not want the Republicans to organize the House ; 
yes, sir. 

Q. That, in plain terms, was your purpose, was it not? A. Yes, sir. 

Q. You were to determine who were elected and who were not before 
the organization of that House? A. We had knowledge of the testimony 
that had been taken in these contests. We heard the claims of the con- 
testants. 

Q. Did you notify the contestees to appear and present their documents ? 
A. I don't think we did. 

Q. So that you only heard one side of this controversy then, did you ? 
A. \'es, sir. 

Q. Did you not know, as a matter of fact, that the first name on that 
roll, to which Mr. Dunsmore objected, Mr. Campbell, had been elected by 
more than a thousand votes over his opponent in Doniphan County ? A. 
Never heard that . 

Q. Did you not furthermore know that Mr. Sherman, of this county, who 
was also upon your list of ex parte members, had been elected by over four 
hundred votes? A. No, sir. ft 

Q. Had you heard anything to the contrary? A. No ; we never made 
any claim to the contrary ; there were other matters. 

Q. Is it not a fact that the only claim that was ever made against them 
was that, at the time they were elected, but not at the time they qualified, 
that they were U.S. postmasters in their localities? A. Yes, sir; we knew 
they heldthat position. 

Q. Did you not know that they had purged themselves of that element 
of disqualification by resigning their post-offices and having their success- 
ors chosen and qualified before the Legislature assembled? A. We knew 
that they had tendered their resignations, but we did not know that they had 
purged themselves of this disqualification. 

Q. Did you know they had not ? A. We had the language of the Con- 
stitution. 

Q. Of the State of Kansas? A. Yes, sir. 

Q. Is it not a fact that at the same time there were two persons sitting 
in your caucus, and who afterwards entered the House and are now sitting 
in the Dunsmore House, who not only were postmasters at the time of their 
election, but were postmasters down to very recent times ? A. I learned 
afterwards that there were two on our side, but one had tendered his resig- 
nation immediately after his nomination, but the Postmaster-General did 
not see fit to accept it, but he afterwards called his attention to that effect, 
and I believe he afterwards accepted it. 

Q. At what time ? The resignation was accepted after his election ? A. 
Yes, sir. 

Q. And after the meeting of the Legislature, and after he was seated? 
A. That his resignation was accepted ? 

Q. Yes, sir. A. That is not my understanding— that his resignation 
was accepted. 

Q. Did you investigate to find out ? A. I have his word only. 



LETTERS TO GOVERNOR LE WELLING. 155 



IN THE SUPREME COURT. 



Testimony of Ben C. Rich. 



Ben C. Rich was elected chief clerk of the Dunsmore House 
January ioth, as soon as the temporary organization had been 
perfected. Mr. Rich, as chief clerk, relieved Hon. A. H. Lupfer, 
who had been elected temporary clerk. This evidence is a con- 
tinuation of that offered by Mr. Lupfer, and is here given a place 
to show that the ten bogus members were placed upon the roll- 
call by Mr. Rich without legal authority, and formed a part of the 
membership of the Dunsmore House for seven weeks. The evi- 
dence also discloses the fact that there were but fifty-six certificated 
members present at the time of organization on Wednesday, Jan- 
uary ioth. This evidence was given upon cross-examination by 
Mr. T. F. Garver, of the prosecution, and is the official report of 
the Supreme Court stenographer. 

CROSS-EXAMINATION BY MR. GARVER. 

Q. Where did you say the original journals were? A. I turned them 
over to Mr. Semple, chairman of the Revision Committee, on Monday even- 
ing, February 13th — I think that is the evening. 

Q. Did you at that time turn over to him the journal of the first ten days ? 
A. They had been turned over prior to that, under the first resolution. 
These were turned over under House Resolution No. 68. 

y. When did you turn over to him the first original journal of the first 
ten days, including January ioth? A. That I could not state. The resolu- 
tion was introduced February 2d, but it was probably some time after that, 
between that and the 13th. I did not impress it on my mind. All I had in 
my possession at that time was the memorandum kept of the proceedings. 

Q. Was there a memorandum of the proceedings kept of the body pre- 
sided over by Mr. Dunsmore from the time it was first organized? A. Yes, sir. 

Q That is what you call the original journal, was it? A. Yes, sir. 

Q. Have you seen that since you turned it over to Mr. Semple ? A. I 
have not seen it since. 

Q. Did j-ou act in conjunction with that committee in revising the 
journal ? A. No, sir. 

Q. Were you consulted by the committee in revising it ? A. No, sir. 

Q. Was there what purported to be a journal of the Dunsmore House 
printed, showing the proceedings of the first days of the session previous to 
February 2d? A. Yes, sir. 

Q. Is this one of the printed journals showing the first proceedings of 
the Dunsmore House? 

[Objected to as not proper cross-examination.] 

A. No, sir. 

The Chief JUSTICE : Overruled. Proceed, Mr. Garver. 

A. This appears to be the ori inal journal. 

Q. Who had that printed ? A. It was printed by order of the House. 

Q. Wiiatwas the occasion fur the House taking steps on February 2d ? 
A. For the purpose of making a chance to include that part of the session I 






156 LETTERS TO GOVERNOR LEWELLIKG. 

was not a witness to. I did not get into the hall until after the prelimi- 
naries, when the temporary Speaker was about to vacate his 1 chair. 

Q. Was some one in the Speaker's stand at the time you went in, besides 
Mr. Ryan? A. There was a gentleman on the south side of him. 

Q. Who ? A. He was a stranger to me. 

Q. Do you now know who that was? A. I think I know. 

Q. Who? A. Mr. Cubbison. 

Q. Were you there at the time Mr. Semple was appointed temporary 
clerk? A. Yes, sir ; I got in just as he was appointed. He took his station 
then behind the clerk's desk j ust as I went in. 

Q. After Mr. Dupfer was appointed temporary clerk, Ryan proceeded to 
act as temporary Speaker? A. He did until some one made a motion, and 
then Dunsmore was elected Speaker. 

Q. Who participated after Dupfer was elected temporary clerk and you 
chief clerk? A. The gentlemen on the north side of the Hall, known as 
Populists. 

Q. What were the gentlemen on the south side of the Hall known as, as 
Republicans, going through the same operations? A. Yes, sir. 

O. After you went into the Hall, from that time on these two bodies on 
each"side of the Hall proceeded entirely separately from each other ? A. Yes, 
sir; independently of, but concurrent in this : they were both calling rolls 
at the same time. 

Q. Were you elected by call of the roll, or by a viva voce vote ? A. By a 
viva voce vote. 

Q. Mr. Dunsmore was elected the same way? A. Yes, sin 

Q. You do not know who voted? A. No, sir ; I know of some of them, 
for I was personally acquainted with some twenty-five or more ot them. 

Q. You know some of them, but do you know how many voted on Duns- 
more's election? At the time Dunsmore was elected,was anything said about 
who had the right to vote ? A. Not in my presence. I learned what trans- 
pired since. 

Q. You had the roll there that day? A. Yes, sir. 

Q. On the list, where did you get it ? A. I cannot say who handed it 
to me. 

Q. Where were you when you got it ? A. I was standing on the second 
step on the north end of the clerk's desk. 

Q. Was it handed to you by a stranger, or did you notice who handed it 
tt> you?^ A. I will say at this time that Mr. Dunsmore, Ryan, and Semple 
were all strangers to me, and that I did not know what gentleman handed 
that to me. 

Q. Did any one make any request of you in reference to it, as to what 
you should do with it? A. Yes, sir. 

Q. What was it? A. To read it ; I think it was Mr. Dunsmore who 
ordered me to read it at that time. 

Q. Mr. Dunsmore was in the chair at that time? A. Yes, sir. 

Q. You read it, did you ? A. Yes, sir. 

Q. Did you read the entire document, or just call the names? A. I 
called the roll merely. 

Q. When you called the roll, were the members sworn ? A. They had 
beerTsworn previously, before a notary public. 

Q. Was there any announcement made, when you commenced calling 
the names on that list, as to the purpose of it and what the members should 
do? A. It may have been done ; I don't remember. 

Q. When you called the names, did you wait for responses? A. 
Responses were made to every name on the list. I called some on the south 
side who did not respond ; one or two did, by mistake, but it was taken back. 

Q. What were the responses made— simply that they were present ? A. 
Yes, sir; thatthey were here. It was a roll-call for finding out the "presents." 

Q. Did you call the names on the roll as it was handed to you ? A. No, 
sir. 

Q. Was there any change en the rolls? A. No, sir. 

Q. Did you make changes from the roll-call? A. No, sir. 

Q. Did you omit any names on the roll? A. Yes, sir ; some that was 
reported to Mr. Dunsmore as not being members, and some from a list pre- 
pared beforehand and handed to me. 

Q. In what way did you designate those omitted? A. The number of 



LETTERS TO GOVERNOR LE WELLING, 157 

the district was opposite each gentlemen whose name I was to call on the 
slip of paper — a separate slip of names. 

Q. Kach name inserted on a slip? A. No, sir ; there was a name on a 
slip. 

Q. You suggested the names written on the slip should be called when 
you read the district? A. Yes, sir ; for district No. 1, for instance, I called 
the name of Howard instead of Campbell. 

Q. When did Mr. Dunsmore hand you that slip? A. I do not know who 
handed it to me. 

Q. When did Dunsmore object to the names being called? Tell us 
what you know about it. When this list came into your hands, what was 
said to you? A. I was directed to call the roll from the names handed to 
me, with this instruction in reference to the names appearing on this slip : 
I should call it instead of the name on the opposite slip. 

Q. How many names did you have a slip? A. Ten. 

Q. Do you know who told you to do that? A. I think the Speaker did, 
but I am not positive who it was. As the}' had been objected to, these were 
to be called. 

Q. How did you know they had been objected to? A. I was so told at 
the time. 

Q. Were there any gentlemen standing by you, suggesting to you the 
manner in which you should call that list. A. Mr. lyupfer stood alongside 
of me and watched the proceedings and that I made no mistake in calling. 

Q. Did you at that time, previous to the calling of the roll, write the 
names of any persons on that list? A. No, sir. The names were written on 
slips and pinned to it— to the list. 

Q. Were any erasures made, or pencil marks, on that list? A. No, sir. 

Q. Have you that list? A. No, sir. 

Q. Where is it? A. I do not know, sir. On the morning of the third I 
had it ready to call the roll and it suddenly disappeared, and Mr. Dunsmore 
suggested that it was taken by members of the other side. I then called on, 
and borrowed a list from, Mr. Frank Brown. 

Q. That purported to be a copy of the roll in the office of the Secretary 
of State, did it? A. Yes, sir. 

Q. Did the gentlemen whose name you called, the ten names, respond? 
A. Yes, sir; they did. 

Q. Do you know whether they were all present? A. Some of them were 
strangers to me and I can not tell you; I know the names were all 
responded to. 

Q. As I understand you, the election of Dunsmore took place after you 
entered into the hall ; after you went into the hall, Mr. Dunsmore was elected 
Speaker? A. Yes, sir. 

Q. Do you know what took place there after the election of Dunsmore, 
for some time? A. I know what took place there. Mr. Lupfer was elected 
temporary secretary— except when I was busy and not able to notice them. 

Q. Did you hear any one publicly make any objections to any of the 
gentlemen being there, to the names of that list furnished by the Secretary 
of State ? A. I do not know anything about that list. I simply said that 
list purported to come from there. 

Q. Do you know what that list is? A. I said it purported to be— 

Q. Do you know what names were on that list? A. Yes, sir; copies in 
this journal. 

Q. Did you hear any objections to any of those gentlemen appearing 
there taking seats as representatives? A. No, sir. 

Q. There was no public announcement made of it? A. No, sir; not 
that I know of. 

Q. Had there been, you would have heard it, would you not ? A. Unless 
I was bu-y. 

O,. These ten gentlemen whose names you called were recognized as 
members of the Dunsmore House, and the names were regular, the same as 
the names of the other gentlemen, were they not? A. They were called from 
it; there was a roll-call upon resolutions and things of that kind. No roll 
was called on resolutions. 

Q. Those names— the ten you dropped from the original list— were not 
called by you at any time, were they? A. No, sir. 

Q. Norby any one else on the side of the Dunsmore House ? A. No, sir. 

Q. Was there any distinction made at any time between the votes o( 



158 LETTERS TO GOVERNOR LE WELLING. 

those ten men whose names you inserted and the rest of the list? A. la 
what way do you mean ? 

Q. Was there any distinction made as to their right to vote? A. I called 
the roll of them as I did of the others. 

Q. You have called it that way from that time to this, their names 
appearing on the roll ? A. Yes, sir. 

Q. Do you know how many names responded to that roll-call? A. 
Sixty-eight is what is reported to have responded. I cannot swear that they 
individually actually responded, but some one did. 

Q. And fifty-eight names on that list appeared to respond? A. Yes, 
sir ; and the ten whose names are on the slip. 

Q. Was that slip in pencil? A. Yes, sir. 

Q. Was there any certificate to that slip or list of the ten names, show- 
ing what it was ? A. No, sir. 

Q. You do not know what it was or where it came from ? A. A gentle- 
man handed it to me. 

Q. Youdon'tknow anything else about it? A. No, sir; Ionlysawit. 

Q. And the reason it was done was beca.use Mr. Dunsmore objected to 
these other names being called ? A. Yes, sir. 

Q. Had you participated, previous to that time, in any caucus or con- 
sultation called in pursuance or in regard to a change in that list as it 
appeared in the office of the Secretary of State ? A. I did not appear or* par- 
ticipate in any caucus of any kind. 

Q. Had you heard of any caucus or consultation in reference to this 
list of names? A. No, sir. 

Q. You had heard something about the gentlemen whose names appeared 
should not take part? A. Yes, sir. 

Q. Was that along about the ioth of January you heard that? A. Yes, 
sir ; and some days before. 

Q. Did you hear any person decide that these gentlemen were not elected, 
save Mr. Dunsmore? A. No, sir. 

Q. At the time you called these ten men, you did not know anything of 
any one having decided the right of these men, except Mr. Dunsmore ? A. I 
do not know of that, except what was told me then. 

Q. Were you in the Hall at the time an attempt was made to get a seat 
in the hall for Mr. Rosenthal ? A. I can not say that I was. I did not know 
anything about it ; I was not acquainted with Mr. Rosenthal. 

Q. Were you acquainted, at that time, with Mr. Whittington, of L,incoln 
County? A. Yes, sir. 

Q. Were you in the hall at the time he was attempting to speak? A. I 
do not know the circumstances. I know that Whittington spoke, and other 
gentlemen at different times. I was busy with other lines of duty, and not 
paying attention to floor-work. 

Q. This revised journal you speak about, Mr. Rich, do you know who 
got that up? Who made it, and who inserted these various things? A. This 
revised journal is the journal reported back to our House by the Revision 
Committee appointed under Resolution No. 47. 

Q. Do you know what particular individual wrote it? A. No, sir. Mr. 
Semple reported it as chairman of the Committee on the Journal. 

By Judge Webb : I understand counsel interrogated you about a printed 
copy of this, and asked you if that is the original journal as kept by you 
originally? A. Yes, sir. 

Q. Let me call your attention to the top of page 5 of that journal, and 
ask you— I will read it for information as part of my question. (Counsel 
reading from top of pages, purporting to be journal of the House, Tues- 
day, January 10, 1893, was handed to the witness by Colonel Rossington: 
" Those present and not answering to roll-call are the following named gen- 
tlemen," beginning with the word " Remington," and ending with total 
seventeen.) Was that made on that day by you, or any one for you, in keep- 
ing the journal? If so, by whose direction and authority was it made? A. 
The Speaker requested me, under the authority known as the Reed rulings 
in Congress, to select all the names of all the Republicans on the south side 
of the hall thafl knew personally to be present at that time. 

Q. What Speaker asked you to do that? A. Speaker Dunsmore. 

Q. Is that t'he memorandum made by you at that time of the gentlemen 
present at that time? A.- I think not. There is an error here. It is correct 
so far as the other names are concerned, but it may be incorrect as far as 
Powers is concerned; I am not positive as to that. 



Q, T 

nything 



LETTERS TO GOVERNOR LE WELLING. 159 

Q. While there were seventeen of those as it stands there, how many of 
those seventeen persons, or sixteen, including Campbell, of Doniphan, do 
you say were present, whom you noted as present in making your notation 
under the ruling of Speaker Dunsmore? A. I did not hear the explanation. 

Q. When Speaker Dunsmore asked you to call the names of those on the 
south side of the house, had you made the notation? A. I had. I had nine- 
teen names, but two were crossed out. I have since found out two of them 
were crossed out and they appeared bv mistake instead of those I had. 

Q. Then you did make a memorandum of those present at that time, and 
entered them on your journal? A. Yes, sir. 

Q How many? A. I think there were seventeen left. I had nineteen 
on my list. 

Q" I will ask you if that same proceeding was gone through with in the 
subsequent da\-s or the legislative days, and whenever there was a roll-call ? 
A. Yes, sir. 

Q. The original as originally kept shows that fact, does it ? A. It shows 
that fact. 

The revised journal shows it to be a fact? A. I have not examined 
ng about the first six days or the last four days. 
" Q. The first six days show the same thing, do they ? A. I think so ; I 
have not compared. 

The Chief Justice : What day does the journal show any rules were 
adopted? A. They were adopted the first day; I do not know what the 
journal shows. On January ioth the following" resolution was offered and 
adopted: * * * * * 

Q. Were they copied into the journal hi extenso, in full ? A. No, sir ; 
they were in a little hand-book. 

By Mr. Garver : Mr. Rich, does this private journal state the pro- 
ceedings subsequent to the election of Mr. Dunsmore, and state them cor- 
rectly, does it not? A. I do not understand. 

Q. Does this journal, so far as it states the proceedings subsequent to 
the election of Mr, Dunsmore, during the time you were present in the hall, 
state them correctly? A. I did not make the minutes myself; the journal 
clerk made the minutes. 

By Judge Webb : I do not think the question is competent. 

By Judge Horton : He ma3 T state the facts. 

Q. Do you know whether the first private journal corresponds with the 
minutes made by the clerk? A. I presume it does. 

Q. Have you compared it ? A. I have not. The journal clerk has entire 
control of it. 

Q. I see this is signed by Ben C. Rich. A. That was put on the bottom 
when I read it to the House and they approved it. I simply marked it 
appioved. 

Q. It was read and approved by your House ? A. Yes ; then it was 
learned that the journal clerk had commenced when I came into the House 
and 11 of the proceedings were not included, and the journal clerk, in the 
excitement, had transposed certain things and copied them out of their 
order; this being his first time as journal clerk and this the first daj% my 
attention was called to the matter. 

Q. When was that discovered ? A. At the time of the Revision Com- 
mittee's appointment. 

Q. The 2d of February? A. I presume so. 

Q. You can produce here the original journal? A. I cannot; it was 
turned over to the Revision Committee. 

Q. Cannot you get from the Revision Committee the journal of the first 
day? A. This resolution ordered me to turn over everything, and, of 
course, when I did sol had not further control over it. 

Q. In making up this journal as you have, you stated that certain mem- 
bers were present who did not respond to their names on the call of the roll. 
At the time you were there, you knew they were there claiming to be there 
as members of the Douglass House? A. Yes ; but it was my intention— 

Q. I did not ask your intention. A. It was my intention in every case 
to put in certified members seated on the other s ; de of the House. 

Q. What was your object in getting them in? A. So there could be no 
doubt about them. 

Q. To make a quorum ? A. Simply to show that th<* gentlemen wrre 
present. 

y What was your object ? A. The Speaker ordered me to do it, and my 



160 



LETTERS TO GOVERNOR LE WELLING. 



intention was to get gentlemen about whom there was no question. You 
will have to ask the Speaker about what his intention was. 

Q. You don't know about that ? A. I knew what I was doing, but I did 
not know what his object was. I did not ask him. 

Q. You spoke about the Tom Reed rule? A. He announced that to the 
House the third day. He announced the rule to both Houses so that they all 
heard it. 

Q. At the time you made up the journal in that way, you understood 
that these members there were disclaiming any connection at all with the 
Dunsmore House? A. I had made no opinion in regard to that. 

O. They were there claiming to be members of the Douglass House, do- 
ing business on the other side of the Hall ; that was it, was it not? A. I did 
not hear you. 

Q. They were there claiming to be members of the Douglass House, do- 
ing business on the other side of the Hall ? A. Yes. 




LETTERS TO GOVERNOR LE WELLING. 131 



PRESIDENTIAL VOTE OF 1888 AND 1892. 

(In the following election tables R. or Rep. is used for Repub- 
lican; I. or Ind. for Independent; P. or Pop. for Populist; P. P. 
or Peo. for People's Party ; D. or Dem. for Democrat; and Pro. or 
Prohib. for Prohibitionist.) 

, 1892 , , 1888 . 

Rep. Peo. Rep. Dem. U. L. Pro. 

Counties (107 . Harrison. Weaver. Harrison. Cleveland. Slreeter. Fisk. 

Allen 1509 1398 1886 1036 332 77 

Anderson 1638 1476 1483 900 369 171 

Atchison 2067 2718 3219 2603 332 25 

Bar oer S82 1439 977 710 304 11 

Barton 1:81 1816 1333 1228 101 70 

Bourbon 2802 2863 3369 1831 805 49 

Brown 2562 2249 2696 1803 235 117 

Butler 2648 2705 3172 1616 1721 221 

Chase 891 971 1126 593 326 36 

Chautauqua 1408 1292 1590 694 466 12 

Cherokee .,... 2695 3738 2935 2038 269 192 

Cheyenne 505 484 779 420 22 14 

Clark 225 3U3 473 349 98 2 

Clay 1066 2038 1914 920 794 140 

Cloud 1915 2268 2342 1052 557 118 

Coffey 1769 1879 1970 1227 440 109 

Comanche 259 310 490 384 93 

Cowley . 3886 3875 4112 1933 1534 120 

Crawford .... 3156 .1875 1362 120 

Davis 3064 4164 1027 756 97 10 

Decatur 619 982 1224 731 131 46 

Dickinson 2119 2647 2746 1695 473 157 

Doniphan 2162 1185 2245 1109 14 7 

Douglas 3114 2166 3189 1669 217 23b 

Kd wards 399 472 541 334 114 20 

Elk 1235 1369 1566 696 600 50 

Ellis 546 1069 690 756 105 2 

Ellsworth 1102 1097 1159 831 39 22 

Finney 17s 338 694 348 49 50 

Ford 649 565 822 680 119 208 

Franklin 2208 2430 2422 1113 1056 11 

Garfield 102 69 225 129 3 5 

Geary 863 1113 

Gove 327 248 586 278 7 19 

Graham 436 515 797 342 51 4 

Grant 151 131 390 245 245 6 

Gray 271 229 417 268 48 33 

Greeley 211 114 422 180 105 8 

Greenwood 1732 1780 2242 1110 542 7 

Hamilton 253 186 4H) 295 28 9 

Harper 1288 1986 1490 940 587 37 

Harvey 2025 1756 2145 1065 676 68 

Haskell 177 111 291 197 21 

Hodgeman 363 223 563 220 83 14 

Jackson 1826 1594 1979 1220 13 92 

Jefferson 2026 1977 2268 1601 U 99 

lewell 1961 2225 2285 999 757 128 

John. son 2070 1932 2164 1435 303 171 

Kearny 219 141 367 248 1 2 

Kingman 1225 1564 1413 622 756 24 

-11- 



\ 



162 



LETTERS TO GOVERNOR LE WELLING. 



, 1892 

Rep. 
Counties (107). Harrison. 

Kiowa 396 

Labette 2950 

Lane 284 

Leavenworth 3471 

Lincoln . . 878 

Linn 2046 

Logan 457 

Lyon 2591 

Marion 2210 

Marshall 2531 

McPherson 2294 

Meade 261 

Miami 2243 

Mitchell 1467 

Montgomery 2738 

Morris 1417 

Morton . . . . 106 

Nemaha 2222 

Neosho 2000 

Ness 495 

Norton 1054 

Osage 2606 

Osborne 1163 

Ottawa 1444 

Pawnee 671 

Phillips 1352 

Pottawatomie 2107 

Pratt 947 

Rawlins 592 

Reno 3166 

Republic 2167 

Rice 1721 

Riley 1574 

Rooks 811 

Rush 570 

Russell 1008 

Saline 1811 

Scott 142 

Sedgwick 4768 

vSeward 156 

Shawnee 6757 

Sheridan 325 

Shermau 571 

Smith 1389 

Stafford 840 

Stanton 146 

Stevens 85 

Sumner 3501 

Thomas 490 

Trego 309 

Wabaunsee 1356 

Wallace 877 

Washington 2323 

Wichita 245 

Wilson 1803 

Woodson 1071 

Wyandotte 5891 

Total.. 157241 

Percent 46.71 

Plurality 

Total Vote 

*Bidwell, Pro., 4,553. 



Peo. 


Rep. 


Dem. 


U. L. 


Pro. 


Weaver. 


Harrison. 


Cleveland. 


Streeter. 


Ftsk. 


370 


525 


381 


107 


30 


3116 


2870 


976 


2126 


85 


222 


459 


267 


49 


20 


3871 


3272 


8516 


335 


71 


1348 


1069 


617 


349 


59 


2063 


2166 


802 


1119 


38 


329 


609 


283 ■ 


33 




2623 


8014 


1377 


469 


155 


1682 


2375 


1283 


219 


71 


2938 


2547 


1815 


835 


73 


2332 


2279 


829 


1181 


119 


214 


578 


342 


91 


7 


2265 


2170 


1600 


359 


100 


1855 


1676 


880 


337 


105 


2314 


2871 


1863 


709 


33 


1328 


1612 


840 


258 


35 


76 


333 


205 


29 


7 


2190 


2515 


1682 


81 


93 


2170 


2134 


1144 


982 


37 


590 


891 


470 


124 


71 


1090 


1471 


631 


466 


31 


3169 


3442 


1380 


1001 


104 


1380 


1680 


686 


182 


45 


1541 


1569 


769 


366 


94 


717 


895 


303 


209 


38 


146S 


1681 


763 


592 


35 


2101 


2419 


1471 


162 


52 


1147 


1115 


652 


370 


8") 


756 


1023 


633 


127 


2 


3097 


3398 


1841 


366 


158 


2049 


2595 


1205 


110 


159 


1821 


1851 


934 


284 


134 


1427 


1856 


77' ; 


286 


50 


846 


1112 


412 


350 


88 


616 


681 


424 


20 


29 


730 


953 


571 


24 


15 


2175 


2163 


1180 


829 


126 


162 


294 


182 


49 


13 


5254 


6071 


4025 


018 


223 


115 


400 


207 


43 


4 


4206 


7672 


8143 


117 


271 


463 


623 


337 


37 


8 


748 


803 


481 


146 


12 


1923 


1726 


777 


699 


71 


1232 


975 


483 


505 


89 


131 


298 


197 


50 


3 


185 


307 


268 


61 


21 


4058 


3499 


2139 


1301 


99 


693 


7*1 


486 


121 


6 


294 


477 


220 


25 


24 


1520 


1708 


960 


31 


83 


295 


412 


198 


9 


5 


2852 


2999 


1511 


260 


45 


214 


438 


207 


78 


15 


1636 


2191 ' 


1035 


671 


47 


1032 


1149 


595 


363 


104 


5529 


5431 


4155 


190 


25 


163111 


182904 


102743 


37778 


6779 


48.44 


54.75 


30.75 


11.81 


2.02 


5870 . 


80159 








324887 — 


- 334035 









LETTERS TO GOVERNOR LE WELLING. 163 

GOVERNOR IN 1890. 

Rep. All. Dem. Pro. 

Humphrey. Willits. Robinson. Richardson. 

115,025 106,972 71,357 1,230 

PREVIOUS VOTES FOR PRESIDENT. 

Rep. Dem. Gbk. Pro. Total. 

1884 154,406 90,132 16.341 4,495 265,374 

1880 121,-549 59,801 19,851 201,236 

1876 78,122 37.902 7,770 123,794 

1872 67,048 32.976 -596 ..... 100,614 

1868 31,048 13,990 45,038 

1864 16,441 3,691 20,132 

*For Charles O'Conor. 

Treasurer— J. B. Lynch, Rep 158,277 

W. H. Biddle, Peo. and Dem 162,097 

Joel Miller, Pro 4,191 

Attorney-General— T.F. Garver, Rep 158,176 

John T. Little, Peo. and Dem. 162,340 

R. L. Davidson, Pro 4,055 

Supt. Pub. Inst.— J. C. Davis, Rep 157,917 

H. N. Gaines, Peo. and Dem 162,515 

Alice M. Henderson, Pro 4,045 

Asso. Justice— D. M. Valentine, Rep 158,191 

Stephen H. Allen, Peo. and Dem 162,338 

C. H. Stevens, Pro , , 4,173 



OFFICIAL FIGURES 

OF THE 

VOTE FOR GUBERNATORIAL CANDIDATES, 

NOVEMBER 8, 1892. 

GOVERNOR. 



COUNTIES. 



Allen 

Anderson 

Atchison 

Barber 

Barton 

Bourbon 

Brown 

Butler 

Chase 

Chautauqua . 
Cherokee .... 
Cheyenne. ... 

Clark 

Clay 

Cloud 

Coffey 

Comanche . . . 

Cowley.' 

Crawford 

Decatur 

Dickinson. .. 
Doniphan . . . 

Douglas 

Edwards 

Elk 

Ellis 

Ellsworth — 

Finney 

Ford 

Franklin . ..<*• 

Garfield 

Geary 

Gove 

Graham , 

Grant 

Gray 

Greeley 

Greenwood . 

Hamilton 

Harper.... . 

Harvey 

Haskell 

Hodgeman.. , 

Jackson 

Jefferson. . . . 

Jewell 

Johnson...*. 

Kearny 

Kingman... 

Kiowa ...... 

Labette 



1,607 

1,635 

2,6" 

956 

1,423 

2,753 

2,580 

2,654 

895 

1,408 

2,714 

500 

226 

1,6T 

1,91 

1,786 

259 

3,900 

3,087 

627 

2,456 

2,159 

8,126 

399 

1,234 

590 

1.092 

477 

655 

2,217 

103 

865 

324 

434 

148 

276 

245 

1,731 

252 

1,299 

2,095 

178 

362 

1,830 

2,043 

1,967 

2,067 

214 

1,211 

410 

2 975 



1,423 
1,490 
2,679 
1/ 

1,712 

2,929 
2,228 
2,702 



3,714 

492 | 

305 

2,012 

2,254 

1,860 

312 

3,877 

4,155 

950 

2,640 

1,191 

2,170 

473 

1,370 

1,026 

1,106 

342 

562 

2,424 

69 

1,102 

251 

553 

134 

227 

111 

1,778 

192 

1,968 

1,692 

110 

224 

1,594 

1,969 

2,225 

1,898 

144 

1,580 

870 

3.096 



45 
12 
5 
20 
105 
87 
18 
4 



67 
57 

*120' 
76 

7 
51 

9 
146 

5 
10 
12 
14 



159 |. 

"'43'|.' 



20 
5 



26 
45 
113 
126 



VOTE FOR GUBERNATORIAL CANDIDATES.— Cont. 



GOVERNOR. 



COUNTIES. 



Lane 

Leavenworth. . 

Lincoln 

Linn 

Logan 

Lyon 

Marion 

Marshall 

McPherson 

Meade 

Miami 

Mitchell 

Montgomery . . 

Morris 

Morton 

Nemaha 

Neosho 

Ness . . 

Norton 

Osage 

Osborne 

Ottawa 

Pawnee 

Phillips 

Pottawatomie . 

Pratt 

Rawlins 

Reno 

Republic 

Rice 

Riley 

Rooks 

Rush - 

Russell 

Saline 

Sc->tt 

Sedgwick , 

Seward 

Shawnee 

Sneridau 

Sherman 

Smith . 

Stafford 

Stanton 

Stevens 

Sumner 

Thomas 

Trego 

Wabaunsee 

Wallace , 

Washington 

Wichita 

Wilson 

Woodson 

Wyandotte . .. 



3.490 

890 
2,038 

455 
2.621 
2.23s 
2,531 
2.292 

2<55 
2.2£4 
1,469 
2 750 
1.429 

107 
2,238 
2.014 

532 
1.070 
2.607 
1.158 
1,461 

663 
1,354 
2.13-1 

977 

581 
3,186 
2,170 
1.721 
1,583 

820 

576 
1,034 
1.837 

144 
4.631 

157 
6,760 

326 

586 
1,383 

845 

146 

86 

3,525 

493 

313 
1,361 

376 
2.343 

217 
1,805 
1.076 
5,852 



Totals [158,075 163,507 | 4.178 



219 

3.838 
1,348 
2.070 

331 
2,611 
1.652 
2,935 
2,352 

211 
2 230 
1.864 
2,509 
1,323 
76 
2.171 
2,160 

555 
1,078 
3.182 
1,388 
1,518 

728 
1.461 
2.087 
1.154 

761 
3.088 
2,052 
1,826 
1,423 

846 

622 

715 
2.165 

163 
5,413 

119 
4,189 

451 

743 
1,921 
1227 

131 

183 
4,042 

68 1 

291 
1,523 

294 
2 818 

216 
1 .643 
1.027 
5,552 



4 . 
46 . 



117 
93 



12 

27 
41 
162 
14 
53 



16 

19 

4 

46 

H6 

139 

42 

31 

10 

14 

25 

4 

166 

1 

143 

5 

50 
65 



123 
3 
8 

18 
2 

14 
1 

27 

29 
108 



2 
10 



16H 



LETTERS TO GOVERNOR LE WEI LING. 



OFFICIAL RETURNS OF ELECTION OF 

1892. 

MEMBERS OF THE STATE SENATE. 



First District. Brown. Doniphan. 

J. D. Williamson, Rep 2,444 2,151 

B. A. Seaver, Pop 2,362 1,208 

F. M. Stearns, Dem 101 3 

Second District. Atchison. Jackson. 

John M. Price, Rep 2,967 1,828 

Charles Shedd, Dem 2,442 1,588 

Third District. Leavenworth. 

T. P. Fenlon, Dem 2,508 

Lucien Baker, Rep 4,031 

Q. A. Baldwin, Pop 911 

H. B. Callahan, Dem 40 

Fourth District. Wyandotte. 

W. J. Buchan, Rep " 5,052 

Edwin Taylor, Pop 6,179 

N. B. Berry, Dem 5 

Frank Holsinger, Prohih 68 

Fifth District. Douglas. Jefferson. 

S. O. Thacher, Rep 2,859 

T, A. Bayne, Pop 2,383 

D. Surber, Dem 123 

Sixth District. Johnson. 

A. W. Parker, Rep 2,142 

D. B.Williams, Pop 1,900 

Seventh District. Linn. 

F. T. Metcalf, Rep 2,018 

D. O. Markley, Pop 2,110 

John C. Cannon, Dem 1 

Eighth District. 

O. A. Cheney, Rep 

W. C. Dillard, Dem 

Ninth District. . 
Robert F. Carlton, Rep 



2,050 

44 

Miami. 

2,332 

2,194 

Anderson. 

1,639 

1,531 

Bourbon. 
... 2,615 
. - . 3,043 

Crawford. 
... 3,123 

H. M. Reid, Pop...'.....' 4,103 

Iy. Belknap, Dem 71 

Tenth District. Cherokee. 

M. A. Householder, Pop 3 487 

W. B. Stone, Rep 2,810 

J. H. Baxter, Dem 128 

Eleventh District. Labette. 

JohnH. Reillv, Pop 3,^82 

W. H. McFwen, Rep 2,985 

J. M. Magee, Dem 128 

Twelfth District. Montgomery. 

D. McTaggart, Rep 2,711 

Samuel Henry, Pop 2,520 

Thirteenth District. JVeosho. Wilson. 

John C Carpenter, Rep 2.013 1,826 

S. C, McFadden, Pop 2.163 1,638 



Totals. 

4,595 

3,570 

104 

Totals. 

4,795 

4,030 

Totals. 

2,508 

4,031 

911 

40 

Totals. 

5,052 

6,179 

5 

6S 

Totals. 

4,798 

4,433 

167 

Totals. 

4,474 

4,094 

Totals. 

3,657 

3,641 

1 

Totals. 

2,615 

3,043 

Totals. 

3,123 

4,103 

71 

Totals. 

3,487 

2,810 

128 

Totals. 

3,882 

2.985 

128 

Tot a 7 s. 

2,711 

2,520 

Totals. 

8,831 

3.809 



lefter s to governor le welling. 



Woodson. 
... 1,078 
. . . 1 ,036 

Fran kl in. 
. . . 2,226 
... 2.366 



Allen. 

1.525 

1,514 
Coffer. 

1,787 

1,863 

56 

Osage. 



Fourteenth Distt i ci 
Chanes F. bcott, Rep 
Wuiiam Rath, Fo p ...... '.'..,'.,] [\ 

Fifteenth District. 

W. I,. Parkinson, Rep 

J. W. Eeedy, Pop 

D. Fogle, Dem 

Sixteenth District. 

John C. Rankin, Rep 2,620 

H. G. Jumper, Pop 3,144 

Peter Kirby, Dem 162 

Seventeenth District. Shawnee. 

William E. Sterne, Rep 6.533 

R. L. Lofran, Dem 4,391 

R. W. Hamoe, Prohib 130 

Scattering , 1 

Eighteenth District. Pcitawat-mie. Xemaha. 

Hiram F. Robbins, Rep 2.103 2.243 

Constantine Umshied, Pop 1.910 1.579 

J. A. Beekey, Dem ^ 216 623 

Nineteenth District. Marshall. 

Edward A. Berry, Rep 2,620 

James Shearer, Pop 2,743 

Twentieth District. ' Washington. 

John H. Decker, Rep 2,481 

William Rodgers, Pop 2^626 

Twenty-first District. Riley. Geary. Wabaunsee. 

A. F. Wade, Rep 

A. den E. True, Pop 

Tzventv-second District. 

Otis E. Phisler, Rep 

M. Senn, Pop 

R. C. Miller, Dem 

Twenty-third District. Marion. 

W. A. Morgan, Rep 2 251 

Paul S. Jones, Pop ] 675 

— St. John, Dem 1 

Twenty- fourth District. 

J. E. Waterhouse, Rep 

Levi Dumbauld, Pop 2,686 

J . O. Starr, Dem 2 

Twenty-fifth District. 

T. B. Murdock, Rep ~ 2.477 

A. W. Dennison, Pop \ \ 2.765 

F. I„. Ayers, Dem 107 

Twenty-sixth District. Elk. Chautauqua. 

R. W. M. Rowe, Rep 1.214 1.405 

Jason Helmick, Pop 1.377 1301 

Twenty-seventh District. Cowley 

S. M. Fail, Rep 3i907 " 

L. P. King, Pop 3jy28 

Twenty-eighth District. Sumner 

Robert A. L. Simonds, Rep ■-; 55(5 

A. C. Forney, Pop 3 .'975 

Edmund Frantz, Dem U4 

Twenty-ninth District. Sedgwick 

O. H. Bentley, Rep 4*682 

Ed. O'Bryan, Dem.-Pop.... 5 268 

C. s. Nusbaum, Dam 225 



] ,584 

1431 1,115 

Dickinson . 



Chase. 
896 
969 



Lvon. 
2.614 



1,3 
1,474 
Clay. 
1,706 



Moiris. 
1444 
1,315 

reenwood. 

1,753 
1,751 



Butler 



167 



2,550 

Totals. 

4,013 

4,229 

221 

Totals. 

2,620 

3.144 

162 

Totals. 

6,533 

4.391 

130 

1 

Totals. 

4.346 

3489 

839 

Totals. 
2,620 
2,743 

TBtals. 
2,4M 
2,626 

Totals. 
3,856 
4.020 

Totals. 

4,238 

4,545 

1 

Totals. 

4.591 

3.959 

1 

Totals. 
4,367 
4.3*7 

Totals. 

2.477 

2.765 

107 

Totals. 
2.619 
2,678 

Totals. 
3,907 
3.928 

Totals. 

3.556 

3,975 

114 

Totals. 
4,682 
. 5,268 



168 



LETTERS TO GOVERN OR LEWELLJNG. 



Thirtieth District. Harvey. 

S. T. Danner, Rep 2,080 

Fox Winnie, Pop 1,684 

D. C. Hawn, Dem 47 

O. P. Anderson, Dein 1 

Thirty-first District. Saline*. 

J. G. Mohler, Rep 1,827 

R. K. Baldwin, Pop 2,095 

T. H. Strickler, Dem 

Thirty-second District. Cloud. 

B. R. Hogin, Rep 1,964 

George D. Bowling, Pop 2,213 

G. M. Simpson, Dem 67 

Thirty-third District. Jewell. 

N. A. Walker, Rep.. 1 ,977 

A. S. Cooke, Pop 2,210 



McPherson. 
2,305 
2,325 
101 



Osborne. 
1 .163 
1 ,387 



'/coin. 

899 

1,348 

Barton. 



Russell. 

1,043 

710 

Rice. 

1.725 

r;87o 



Ottawa. 

1,413 

1,521 

50 

Republic. 

2,145 

2,054 

103 

Mitchell. 

1,479 

1,847 

Ellsworth. 

1,127 

1,073 



Kingman. 
1,218 
1,5919 



Stafford. 
843 
1,236 
4 
Pratt. 
1,001 
1,134 



Thirty-fourth District. 

Dallas Grover, Rep 

W. B. Helm, Pop 

Thirty-fifth District. 

R. C. Bailey, Rep 1,4' 

John Armstrong, Pop 1 ,70:J 

Scattering 

Thh-ty-sixth District. Reno 

James Kelley, Rep 3.215 

J. M.Leeds, Pop 3,01 

Samuel Chambers, Dem 

Thirty- Seventh District. 

Harper 1,306 

Barber 920 

Kiowa 41H 

Comanche 287 

Clark 224 

Meade 267 

Ford 669 

Gray 276 

Totals 4, 

Thirty-eighth District. Brown 
Edwards'(scattering, 1) 

Ness.. 



Madison, R. La 



Hodgeman 

Rush 

Pawnee 

Garfield 

Lane 

Scott 

Wichita 

Greeley 

Hamilton 

Kearny , — . 

Finney 

Haskell 

Grant 

Stanton 

Morton (scattering, 1). 

Stevens 

Seward (scattering, 1 . 



Totals. 

4,385 

4,209 

148 

1 

Totals. 

3,240 

3,616 

50 

Totals. 

4,109 

4.267 

170 

Totals. 

3.456 

4,057 

Totals. 

4,232 

4,518 

Totals. 

4,040 

4,809 

6 

Totals. 

5,434 

5,744 

1 

ndis,P. 

1,983 

1,390 

371 

285 

305 

210 

541 

226 




Totals 5.385 



LETTERS TO GOVERNOR LEWELLlK\ 



Willcockst 



613 
, 613 
, 812 



Thirty-ninth District* 

Gove 

Trego (scattering, 1) 

Ellis 

Rooka 

Graham 434 

Sheridan 319 

Decatur 623 

Rawlins (scattering, 1) ; ">3^ 

Thomas 495 

Logan 479 

Wallace 378 

Sherman • 589 

Cheyenne 476 

Totals 6,405 

Fortieth District. Smith. Phillips. 

John R. Hamilton, Rep 1,418 1,362 

G. E. Smith, Pop 1,897 1.453 

Scattering 



, R. Griebel,P. 
227 



225 
699 
813 
527 
414 
925 
461 
676 
261 
218 
656 
179 



JVorlon. 
1,113 
1,047 



MEMBERS OE THE HOUSE OF REPRESENTATIVES. 



DONIPHAN. Voles. 

James A. Campbell, R 2,201 

J W.Howard, P 1,151 

Scattering 3 

ATCHISON. 

John Seaton, R 1,567 

J. W. Cunningham, P 50: ! 

,M. K.Nichols, R 1,347 

C. A. Woodworth, P 1,376 

JEFFERSON. 

.C. H. Phinney, R 1,047 

Terry Critchfield, P 921 

D. L. Martin, D 18 

.G. W, McCammon, R 896 

L H. Gest,P 1,145 

J.U.Evans, D 18 

LEAVENWORTH. 

.Scattering 13 

Stephen Meagher, D 974 

J.M.Cory, R 945 

M. II. Hadlev, P 306 

.J. II. Wendorff, D 1,196 

H. C. F. Hackbusch, R. . . . 1,607 

M. B. Leach, P 24 

George McKenna, P 16 

. .F. M. Gable. D... 727 

McCown Hunt, R 990 

O. D. Gould, P 495 

Scattering 2 

WYANDOTTE. 

..A. D. Riley, R 1.863 

J. J. McAleney, P 1,939 

N. B. Berrv, D 22 

J. K. Cubbison, R 2,680 

C. H.J. Taylor, P 1,276 

\V. S. Ferguson, D 56 

.-A. J. Frail, R 1,689 

A. A. Burgard, P 1,698 

John Arthur, D.... 14 

JOHNSON. 

. .Nathan Zimmerman, R... 2,069 

C. M. Dickson, P 1,933 

W. H. Lemon, D 93 



Dist. DOUGLAS. Votes 

13... C.N. Bishoff, R 1,557 

Enos Reed, P 1,149 

L.H.Tuttle.D 79 

14. ..N. Simmons, R 1,565 

A. Hollingsworth, P 994 

J. D. Gehring, D 37 

FRANKLIN. 

15.. John M.Dyer, R 2,219 

R. H. Semple, P 2,336 

John Jefferies, D 172 

MIAMI. 

16.. J. B. Remington, R 2,400 

W. H. Foster, P. 2,101 

LINN. 

17... J. R. Clark, R 2,060 

J.W.Tucker, P 2,061 

ANDERSON. 

18.. John G. Johnson, R 1.571 

Manford Schoonover, P... 1,545 

John M. Wyatt, D 68 

J. W.Johnson, R 1 

ALLEN. 

19... L. B. Pearson, R 1,584 

R. F. Baker, P 1,463 

BOURBON. 

20...H. J. Butler, R 1,397 

J. R. Williams, P 1,318 

21 ..D.J. Goo no, R 1,348 

J. A.Clark, P 1,608 

CRAWFORD. 

22... M. S. Gowin, R 1,595 

Hugh Bone, P 2,248 

L. L. Bollinger, D 26 

23... E. Loomis, R 1,522 

W.H.Ryan, P 1,810 

J. Bayless, D 20 

CHEROKEE. 

24. .. M. L. Walters, P 1,661 

W. B. Donald, R 75:! 

Ed. Baker, 1) 18 



170 



LETTERS TO GOVERNOR LEWELLING. 



Dist. CHEROKEE. Votes. 

25... Hugh McKay, P 1,877 

Alexander Warner, R 1.930 

S. N. Montgomery, D 91 

LABETTE. 

26... John L,. Humphrey, r 1,640 

D. M. Bender, R 1,630 

G. W. Marly, D 47 

27. ..P. A. Morrison, P 1,417 

W. G. Hoover, R 1.378 

D. F. Lucas, D 20 

MONTGOMERY. 

28. ..F. M. Benefiel, R 2,806 

A. L. Scott, P 2,467 

NEOSHO. 

29. . .1,. G. H. Green, R 2,009 

J. M. Dunsmore, P 2,178 

WILSON. 

30. . Jacob Lamb, R 1,812 

A. Z. Brown, P 1,659 

WOODSON. 
31... J. H. Bayer, R 1,085 

C. H. Bauersfeld, P 1,029 

COFFEY. 

32... T. C. Ballinger, R 1,826 

O. M. Rice, P 1,826 

W. S.Jackson, D 44 

OSAGE. 

33... F. O.Williams, R 1,420 

John Graham, P 1,732 

David Oberg, D 73 

34... James T. Pringle, R 1,152 

Thomas Chappell, P 1,455 

Robert Curley, D 85 

SHAWNEE. 

35. .. A. C. Sherman, R 1,634 

D. M. Howard, P 1,190 

G. F. Kimball, D 12 

36. . .W. B. Swan, R 3.021 

Michael Heery , D 1,707 

A.W.Wells, P. 57 

Scattering 5 

37... James A. Troutman, R.... 1,926 

John Campbell, P 1,306 

N. S. Theakston, D 34 

Scattering 53 

JACKSON. 

38. . . Nick Kline, R. 959 

Fd. Shellabarger, P 766 

Moses Farbach, D 81 

39...J. F. Pomeroy, R 864 

J. L. Rippeto, P 754 

BROWN. 

40...W. W. Price, R 2,657 

J. D. Hardy, P 2,163 

J. M. Marcum, D 76 

NEMAHA. 

41... Alexander Hamel, R 2,203 

R. D. McCliman, P 2,245 

MARSHALL. 

42. . .William Raemer, R 2,743 

S. B. Berry, P 2,669 

POTTAWATOMIE. 

43. . .Axel G. Axelton, R 2.103 

S. A. Eytchison, P 1,876 

J. D. Pierce, D 257 



Dist. riley. Votes. 

44 . .William Knipe, R 1,5*6 

Josephus Harper, P 1,452 

GEARY. 

45... George W. Winans, R 886 

Dr. P. Daugherty, P 949 

R. L,. KepperHng, D 47 

B. A. Cormany.D 129 

WABAUNSEE. 

46... William Stronig, R 1,352 

Joseph Tren, P 1,525 

LYON. 

47... D. W. Fastman, R 1,369 

M. A. Coppock, P 942 

J. K. Mayberry, D 62 

48. ..C. R. SUne, R 1,212 

Charks Moss, P 1,660 

F. H. Simmons, D It 

GREENWOOD. 

49. . .F. W. Claycomb, R 1,769 

D. Gleason, P 1,743 

ELK. 

50. . Joseph Hebb, R 1,213 

George W. Crumley, P 1,365 

CHAUTAUQUA. 

51... M. B. Chrisman, R 1,373 

A. M. Ross, P 1,314 

COWLEY. 

52. . J. H. Gilliland, R 1,872 

Fd. F. Green, P 2,043 

53... F. G. Powers, R 2,010 

J. C. Bradshaw, P 1,916 

BUTLER. 

54. . J. M. Satterthwaite, R. . . . 2,655 

C. M. Noble, P 2.6^6 

Robert Knowles, D 84 

CHASE. 

55...R.H. Chandler, R 938 

J. S. Doolittle, P 897 

MARION. 

56... F. W. Hoch, R 2,185 

Dallas Rogers, P 1,742 

N. W. Gordon. D 48 

MORRIS. 

57...H.F. Richter, R 1,378 

W. H.White, P 1,370 

DICKINSON. 

58... C.Hoffman, R 2.496 

M. P. Kelley, P 2.531 

T.M.Gunn.D 33 

CLAY. 

59.. J. C. Mays, R 1,725 

A. A. Newman, P 1.999 

Warren B. Steadman, D.. . 59 
Scattering 2 

WASHINGTON. 

60... John J. Veatch, R 2,393 

D. M.Watson, P 2,693 

Scattering 1 

REPUBLIC 

61. . J. M. Foster, R 2,154 

J. W. Wiles, P 2,067 

L. M. Morris, D 99 

CLOUD. 

62. . .Ed. Hostetter, R 1,973 

S. O. Everly,P 2,214 

John Beach, D 51 



LETTERS TO GOVERNOR LEWELLLXC. 



171 



DtSt. OTTAWA. i'ottS. 

63- . .E. W. Miller, R 1,467 

George McConkev, P 1.506 

W. B, Earns, D 50 

saline . 

*4 W A. Knouns, R 1,910 

P. H. Dolan, P 2,107 

M'PHERSOX. 

65... C. J. Stromquist, R 2,324 

H. Heistrom, P 2,316 

H. C, Zinc, D 93 

HARVEY. 

06. . John E. Frazer, R 2,109 

O. P. Anderson, P 1,673 

A. B. Gilchrist, D 44 

SEDGWICK. 

67... A. J. Weaver, R 1,511 

H. W. Ruble, P 1,735 

S. Ed. Moore, D 38 

68. . George H. Douglass, R. . . 1,750 

R. T. Bean, P 1,224 

Dugal McCormick, D 34 

69... Howard Sowle, R 1,375 

F. G. Rawson, P 2,186 

S. A. Bass, D 12 

SUMNER. 

70. . .William Hobson. R 1,907 

G. E. Meeker, P 1,771 

Allen A. Chapman, D 399 

Scattering 63 

71. . John H. Ewing, R 1,524 

J. H. Doubleday, P 1,957 

E. F. Neal, D 38 

HARPER. 

72. . .R. P. McCollock, R 1,337 

George H. Coulson, P 1,946 

KINGMAN. 

73. . .M. W. Weeks, R 1,266 

T. S. Benefiel, sr., P 1,547 

Scattering l 

BARBER. 

74... E. Sample, R 981 

William Garrison, P 1,332 

PRATT. 

75 . .David W. Blaine, R 971 

W. F. Brown, P 1,145 

Scattering 1 

RENO. 

76.. J. F. Greenlee, R 1,715 

II. D. Freeman, P 1,391 

77.. J. W. Dix, R 1,535 

W. C. Mitchell, P 1,511 

STAFFORD. 

78... D. C. Carnahau, R 857 

Wm. M. Campbell, P 1 ,212 

George Selfridge, D 54 

BARTON. 

79... W. W. Sowords, R 1,444 

M. W. Cobun, P 1,715 

RICE. 

80. . B. D. Hammond, R 1,685 

W. M. Kenton. P 1 ,885 

X. R. Weed, D.. 102 

ELLSWORTH. 

81... E. W. Wellington, R L.070 

Joseph Sekavec, P 1 ,095 

T.J. Lacey, D 23 



RUSSELL. l T OteS. 

. .Otis I,. Atherton, R , . 1,100 

J F, Hastings, P 645 

LINCOLN. 

, .A. N. Whittington , P 1 ,284 

Thomas Thompson, R 953 

Ed. F.Baker, D 4 

MITCHELL . 

. .O. P. Tanquary, R 1,495 

George H. McKinnie, P.. 1,840 

Scattering 1 

OSBORNE. 

. .Pouer W. Kenyon, R 1,147 

S. W.Hill, P 1,401 

JEWELL. 

. J. E. Hawley, R 2,014 

E. F. Barnett, P 2,205 

SMITH. 

..Edwin E. Sessions, R 1,392 

J. M. Helm, P 1.906 

y. M.Allen, D.... 44 

PHILLIPS. 

..P.C.Wagoner, P 1,241. 

Henry Ferrett, R 531 

ROOKS. 

. Jas. S. Shaw, R.. 839 

Reuben Rouse, P 814 

B. Hill, D 29 

ELLIS. 

..B. F. Replogle, P 879 

J.M.Yost, R 730 

RUSH. 

. John L,ovett, P 546 

vSamuel I. Hale, R 038 

PAWNEE. 

.J.W.Rush, R 591 

A.H. Lupfer, P 770 

Thomas Mansfield 1 

EDWARDS. 

. J. M. Cramblet, R 387 

J.J.Wright, P 424 

Dr. P. A. Pearson, D 58 

Scattering 2 

KIOWA. 

John W. Davis, R 401 

J. W. Hair, P 369 

COMANCHE. 

,.T. G. Chambers, D 347 

Geo. W. Hollenback, P.. . . 217 

CLARK. 

, .Harry J. Bone, R 255 

B. F.Morris, P 272 

FORD. 

,.M. W. Sutton, R 055 

B. F. Milton, P 549 

HODGEMAN. 

,.T. C. Bowie, R 865 

James E- Henderson, P... 225 

NESS. 

.R. O. Elting, R 547 

I. N. Goodvin, P 642 

TREGO. 

.A. H. Blair, R S18 

S. T. H. Beard, I' 287 

Scattering 10 



172 



LETTERS TO GOVERNOR LEWELUhG. 



Dist. graham. / otes. 

101... B. P. Williamson, R 449 

Levi Pritchard, P 515 

NORTON 

102. . .Samuel J. Vance, R 1,055 

W. L- Kerr, P....„ 1,081 

Clarence Burnap, D 32 

DECATTJR. 

103. . James M. Crook, R 615 

Dan Caster, P 968 

SHERIDAN. 

104. . J. W. Warner, R 342 

W.J. Barnes, P 428 

D. A. Freeman, D 1 

GOVE. 

105... R. D. Anderson, R 319 

W.J. Evans, P 246 

THOMAS. 

106.. Joseph A. Gill, R 516 

J. A. Bucklin, P 658 

RAWLINS. 

107... Samuel Way, R 527 

R. S. Hendricks, D 329 

H. P. Whisman, P .. 488 

CHEYENNE. 

108. . O,. J. Willits, R 539 

Geo. M. Lambert, P 453 

SHERMAN. 

109. . .Fred. A. Albee, R 641 

Fred. E- Yearick, P 69-' 

LOGAN. 

110. . John F. Coulter, R. 447 

F. A. Mellen, P 31(1 

WALLACE. 

111...W. D. Harris, R 375 

John K. Lay cock, P 293 

GREELEY. 

112... Wm. M. Gleen, R 145 

C.G.Wilson, R 132 

Henry Weaver, P 80 



Dist. wichita. Votes. 

113... W.J. Chubbuck, R 262 

L.J. Davidson, P 200 

SCOTT. 

114. . .L. S. Boyer, R . . 152 

J. F. Pancake, P 160 

LANE. 

115. ..C. E. Lobdell, R 315 

M. M. Bush, P ■ 188 

FINNEY. 

lli». . W. R. Hopkins, R 458 

W, R. Berry, P 365 

117 . .F. M. Kelley, R 223 

Mansfield Young, P 133 

HAMILTON. 

118.. .Alfred Pratt, R 256 

John Howe, P 178 

Scattering 2 

STANTON. 

119... S. C. Garner, R 133 

T.M. Grissom, P 142 

GRANT. 

120... Peter Bowers, R 161 

F B. Brown, P 119 

HASKELL. 

121... J. Rosenthal, D 156 

A. W. Stubbs, R 123 

GRAY. 

122... Ora B. Douglass, R.. 259 

John Morrison, P 244 

MEADE. 

123... Robert M. Painter, R 233 

James Wilson, I.-R 240 

SEWARD. 

124.. H. V. Nichols. R 164 

L-Lemerts, P 114 

STEVENS 

125 . . . Charles Moore, R 101 

A. H.Drew, P 164 

Wm. O'Connor, D 1 



Vote for Delegates from Counties not Districted. 



GARFIELD. 

T. A. Milton 

....W. T. Williams.... 



MORTON. 

.Robt. A. King... 
•A. A. Ridlon 



109 

72 



LETTERS TO GOVERNOR LE WELLING, 173 



THE CONGRESSIONAL CONTEST OF 
NOVEMBER 8, 1892. 

OFFICIAL FIGURES OF THE STATE, BY DISTRICTS. 

Congressman at Large : W. A. Harris, Fusion, total vote 
163,634 ; Geo. T. Anthony, Republican, total vote 156,761 ; J. M. 
Monroe, Prohibitionist, total vote 4,055; scattering, 107. 

First Congressional District: Atchison, Brown, Doni- 
phan, Jackson, Jefferson, Leavenworth, Nemaha, and Pottawatomie, 

8 counties, gave Case Broderick, Republican, 19,401 ; Fred J. Close, 
Fusion, 15,782; T. J. McCormick, Prohibitionist, 276; scattering, 161. 

Second Congressional District: Allen, Anderson, Bour- 
bon, Douglass, Franklin, Johnson, Linn, Miami, and Wyandotte, 

9 counties, gave Edward H. Funston, Republican, 22,900; H. L. 
Moore, Fusion, 22,817; D. W. Huston, Prohibitionist, 656. 

Third Congressional District: Chautauqua, Cherokee, 
Cowley, Crawford, Elk, Labette, Montgomery, Neosho, and Wilson, 
9 counties, gave T. J. Hudson, Fusion, 23,998; L. U. Humphrey, 
Republican, 21,594; M. V. B. Bennett, Prohibitionist, 382. 

Fourth Congressional District: Butler, Chase, Coffey, 
Greenwood, Lyon, Marion, Morris, Osage, Shawnee, Wabaunsee, 
and Woodson, 11 counties, gave Charles Curtis, Republican, 
25,327; E. V. Wharton, Fusion, 22,603; J. R. Silver, Prohibition- 
ist, 749. 

Fifth Congressional District : Clay, Cloud, Geary, Dick- 
inson, Marshall, Ottawa, Republic, Rile}-, Saline, and Washing- 
ton, 10 counties, gave John Davis, Fusion, 20,162; J. R. Burton, 
Republican, 18,842; Horace Hurley, Prohibitionist, 471; Sidney 
G, Cook, Stalwart Democrat, 568. 

Sixth Congressional District : Cheyenne, Decatur, Ellis, 
Ellsworth, Gove, Graham, Jewell, Lincoln, Logan, Mitchell, Norton, 
Osborne, Phillips, Rawlins, Rooks, Russell, Sheridan, Sherman, 
Smith, Thomas, Trego, and Wallace, 22 counties, gave William 
Baker, Fusion, 19,398; H. L. Pestana, Republican, 17,887: Duaue 
Freeman, Democrat, 1,301; Ben Brewer, Prohibitionist, 330. 

Seventh Congressional District : Barber, Barton, Clark, 
Comanche, Edwards, Finney, Ford, Grant, Gray, Garfield, Gree- 
ley, Hamilton, Harper, Hawley, Hodgeman, Haskell, Kingman, 
Kiowa, Kearny, Lane, McPherson, Meade, Morton, Ness, Paw- 
nee, Pratt, Reno, Rice, Rush, Scott, Sedgwick, Seward, Stafford, 
Stevens, Sumner, Stanton, and Wichita, 37 couniies, gave Jerry 
Simpson, Fusion, 33,822; Chester I. Long, Republican, 32,053; W. 
F. Woodward, Prohibitionist, 583. 



174 LETTERS TO GOVERNOR LE WELLING. 



JUDICIAL DISTRICTS. 

First District, Leavenworth, Jackson, and Jefferson Counties 
L. A. Myers, Judge. 

Second District, Atchison County, W. D. Webb, Judge. 

Third District, Shawnee County, Z. T. Hazen, Judge. 

Fourth District, Douglas, Franklin, and Anderson Counties, 
A. W. Benson, Judge. 

Fifth District, Lyon County, William A. Randolph, Judge. 

Sixth District, Bourbon County, J. S. West. Judge. 

Seventh District, Woodson County, L. Still well, Judge. 

Eighth District, Davis, Dickinson, and Morris Counties, James 
Humphrey, Judge. 

Ninth District, Reno and Harvey Counties. F. L. Martin Judge. 

Tenth District, Johnson and Miami Counties, John T. Burris 
Judge. 

Eleventh District, Cherokee, Labette, and Montgomery Coun 
ties, J. D. McCue. Judge. 

Twelfth District, Cloud, Republic, and Washington Counties, 
F. W. Sturges, Judge. 

Thirteenth District, Cowley, Elk, and Chautauqua Counties, 

A. M. Jackson, Judge. 

Fourteenth District, Lincoln, Ellsworth, and Russell Counties, 
W. G. Eastland, Judge. 

Fifteenth District, Mitchell, Osborne, Jewell, and Smith Coun- 
ties, Cyrus Heren, Judge. 

Sixteenth District, Pawnee, Edwards, Hodgeman, and Garfield 
Counties, S. W. Vandivert, Judge. 

Seventeenth District, Phillips, Norton, Decatur, Rawlins, and 
Cheyenne Counties, G. Webb Bertram, Judge. 

Eighteenth District, Sedgwick County, C. Reed, Judge. 

Nineteenth District, Sumner County, James A. Ray, Judge. 

Twentieth District, Rice, Barton, and Stafford Counties, J. H. 
Bailey, Judge. 

Twenty-first District, Riley, Marshall, and Clay Counties, R. 

B. Spilman, Judge. 

Twenty-second District, Doniphan, Brown, and Nemaha Coun 
ties, J. F. Thompson, Judge. 

Twenty-third District, Ellis, Trego, (love, Logan, and Wallace 
Counties, S. J. Osborn, Judge. 



LETTERS TO GOVERNOR LEWELLING. 175 

Twenty-fourth District, Harper and Barber Counties, G. W. 
McKay, Judge. 

Twenty-fifth District, McPherson, Marion, and Chase Coun- 
ties, Lucien Earle, Judge. 

Twenty-sixth District, Butler and Greenwood Counties, C. W. 
Shinn, Judge. 

Twenty-seventh District, Finney, Gray, Ford, Kearny, and 
Hamilton Counties, A. J. Abbott, Judge. 

Twenty-eighth District, Kingman, Pratt, and Kiowa Counties, 
W. O. Bashore, Judge. 

Twenty-ninth District, Wyandotte County, H. L. Alden, Judge. 

Thirtieth District, Ottawa and Saline Counties, R. F. Thomp- 
son, Judge. 

Thirty-First District, Meade, Clark, and Comanche Counties, 
Francis C. Price, Judge. 

Thirty-second District, Seward, Stevens, Morton, Haskell, 
Grant, and Stanton Counties, W. E. Hutchinson, Judge. 

Thirty-third District, Rush, Ness, Lane, Scott, Wichita, and 
Greeley Counties, V. H. Grinstead, Judge. 

Thirty-fourth District, Rooks, Graham, Sheridan, Thomas, and 
Sherman Counties, Charles W. Smith, Judge. 

Thirty-fifth District, Pottawatomie, Wabaunsee, and Osage 
Counties, William Thomson Judge. 

Circuit Court of Shawnee County, J. B. Johnson, Judge. 

Court of Common Pleas of Wyandotte County, Thomas P. 
Anderson, Judge. 



176 LETTERS TO GOVERNOR LEVELLING. 



TERRITORIAL GOVERNORS OF 
KANSAS. 

The following is a list of the Territorial Governors of Kansas 
with the date and term of service of each : 

Andrew H. Reeder, the first Governor of Kansas Territory, took 
the oath of office July 7, 1854. His official service ceasedAugust 16, 
1855, having been removed from office by the President 

Daniel Woodson, Secretary of the Territory, by virtue of 
office, in the absence of Governor Reeder from the Territory, be- 
came Acting Governor April 17, 1855, and continued to act until 
the Governor's return, June 23, 1855, and again acted as Gov- 
ernor after Governor Reeder's removal from office, from August 
16, 1855, till Governor Shannon entered upon his office, Septem- 
ber 7, 1855. 

Wilson Shannon assumed the duties of the office of Governor 
September 7, 1855, and continued in the office until August 18, 1856- 

Daniel Woodson, Secretary, again acted as Governor from 
June 24 to July 7, 1856, and then again from August r8, 1856, till 
September 9, 1856. 

John W. Geary became Governor September 9, 1856, and 
served till March 12, 1857. 

Daniel Woodson, Secretary of the Territory, then again acted 
as Governor from March 12, 1857, till April 16, 1857. 

Frederick P. Stanton, having been appointed Secretary of the 
Territory, assumed office as Acting Governor April 16, 1857, and 
continued in that capacity until May 27, 1857. 

Robert J. Walker became Governor May 27th, and served till 
November 16, 1857. 

Frederick P. Stanton, Secretary, again acted as Governor 
from November 16, 1857, to December 21, 1857. 

James W. Denver, having been appointed Secretary of the 
Territory, became Acting Governor December 21, 1857, and 
served as such till May 12, 1858, when he received the appoint- 
ment of Governor. He continued in office as Governor till Octo- 
ber 10, 1858, when he resigned. 



LETTERS TO GOVERNOR LE WELLING. 177 

Hugh S. Walsh, Secretary of the Territory, became Acting 
Governor October 10, 1858, and served as such till December 20, 
1858. 

Samuel Medary became Governor, December 20, 1858, and 
continued in office till December 17, i860. 

George M. Beebe, Secretary of the Territory, became Acting 
Governor December 17, i860, and continued to act in that capacity 
till February 9, 1861, at which time notice of the admission of 
Kansas into the Union was received. 

The first Territorial Legislature met at the town of Pawnee, 
near Fort Riley, July 2, 1855. It adjourned from that place July 
6:h, and met again at Shawnee Mission, near Westport, on the 
16th of July, where it held its session until the 30th of August. 

The second session was begun at the city of Lecompton Janu- 
ary 12, 1857, and adjourned February 20, 1857. 

The third session, was begun at Lecompton December 7, 
1857, and was held till December 17, 1857, when it adjourned. 
This was a special session. 

The fourth session was begun at Lecompton January 4, 1858, 
and on the 5th adjourned, and met at Lawrence January 8, 1858, 
where the session was continued until the 12th of February. 

The fifth session was begun at Lecompton January 3, 1859, 
adjourned to Lawrence on the 4th, and met at Lawrence on the 
7th, where the session was held until February 11, 1859. 

The sixth session was begun at Lecompton January 2, i860, 
and adjourned January 6th, and met at Lawrence January 7th, 
where it held its session until January 18, i860. 

The seventh session — the Legislature again met in special 
session at Lecompton January 19, i860, and adjourned on the 
20th, and met at Lawrence on the 21st, vvhere it held its session 
until February 27th. 

The eighth session of the Legislature met at Lecompton Jan- 
uary 7, 1861, and adjourned January 8th, and met at Lawrence 
January 9th, where it held its session until February 2, 1861. 



178 LETTERS TO GOVERNOR LE WELLING. 



GOVERNORS OF KANSAS. 

1861 to 1893. 

Charles Robinson 1861 to T863 

Thomas Carney, 1863 to 1865 

Samuel J. Crawford 1865 to 1869 

N. Green (three months, to fill vacancy) 1869 

James M. Harvey 1869 to 1873 

Thomas A. Osboi n 1873 to 1877 

George T. Anthony 1877 to 1879 

John P. St. John 1879 to 1883 

George W. Glick 1883 to 1885 

John A. Martin 1885 to 1889 

Lyman U. Humphrey 1889 to 1893 



KANSAS IN CONGRESS. 

UNITED STATES SENATORS. 

William A. Peffer, Pop Topeka Term expires 1897 

John Martin, Dem.-Pop Topeka Term expires 1895 

HOUSE OF REPRESENTATIVES. 

W. A. Harris, Cong, at Large, Dem.-Pop. Leavenworth Term expires 1895 

Case Broderick, 1st Dist., Rep Holton Term expires 1895 

Edward H. Funston, 2d Dist., Rep '.Iola Term expires 1895 

T. J. Hudson, 3d Dist., Dem.-Pop Fredonia Term expires 1895 

Chas. Curtis, 4th Dist., Rep Topeka Term expires 1895 

John Davis, 5th Dist,, Pop Junction City Term expires 1895 

William Baker, 6th Dist., Pop Lincoln Term expires 1895 

Jerry Simpson, 7th Dist., Pop Medicine Lodge.. Term expires 1895 



LETTERS TO GOVERNOR LEWELLING. 179 



REGISTER OF STATE GOVERNMENT. 

1893-94. 

EXECUTIVE DEPARTMENT. 

Elected November 8, 1892; terms expire January, 1895. 

Office. Name. Residence. Politics. 

Governor L,. D. Lewelling Wichita Populist. 

Lieu tenant-Governor Percy Daniels Girard Populist. 

Secretary of State R. S. Osborn Stockton Populist. 

Auditor of State Van B. Prather Columbus Populist. 

Treasurer of State W. It. Biddle . . .Augusta. Populist. 

Supt. Public Instruction H. N. Gaines Salina Populist. 

Attorney-General J. T. Little Olathe Populist. 

SUPREME COURT. 

Ofylce. Xante. Term of Office. Residence. Politics. 

Chief Justice. ..Albert H. Hortou.Nov., '90. Jan., '97. Atchison Republican. 

Assoc, justice. .W. A. Johnston. . .Nov., '88. Jan., '95. Minneapolis. Republican. 
Assoc. Justice. S. H. Allen Nov., '92. Jan., '99. Pleasanton. ..Populist. 



LIST OF SUBORDINATE OFFICERS AND 
CLERKS OF DEPARTMENTS. 

SUPREME COURT. 

C. J. Brown, Clerk. Topeka Republican 

K. I). Wright, Deputy Clerk Topeka Republican 

A. M. F. Randolph, Reporter Burlington Republican 

W. A. Binns, Copyist Topeka Republican 

Henry Wilton, Copyist Topeka :. Republican 

Miss Ella Spencer, Stenographer Topeka Republican 

Clifton B. Holbert, Stenographer to Chief Justice. Atchison Republican 

Wm. A. Smith, Stenog. to Assoc. Justice Johnston. Topeka Republican 

B. J*. Martin. Stenog. to Assoc. Justice Allen Alma Democrat. 

GOVERNOR'S OFFICE. 

Fred J. Close, Private Secretary Troy Populist. 

J. B. French, Executive Clerk Topeka Populist. 

Miss Jessie Lewelling, Stenographer Wichita Populist. 

Miss Edith Col< S, Clerk Topeka Populist. 



180 



LETTERS TO GOVERNOR LE WELLING. 



SECRETARY OF STATE'S OFFICE. 

D. C. Zercher, Assistant Secretary Olathe Populist. 

M. Scott Rice, Chief Clerk Smith Center. . .Populist. 

J. W. Morphy, Recording Secretary Atwood Populist. 

CarlOsborn, Charter Clerk. Stockton Populist. 

N. N. Neher, Commission Clerk Stockton Populist. 

ATTORNEY-GENERAL'S OFFICE. 

Noah Allen, Assistant Attorney-General Wichita Populist. 

Miss Minnie Hodges, Stenographer Olathe Populist. 

AUDITOR'S OFFICE. 

R.J. Mackey, Assistant Auditor Fredonia. .. . 

Mrs. Van B. Prather, Clerk Columbus.. 

Maj. A. P. Shreve, Clerk Topeka 

W. G. Hubbard, Clerk Galena.... 

W. E). Topping, Clerk Columbus.. 

Bert Brewster, Stenographer Burrton. ... 



. .Populist. 

..Populist. 

..Democrat. 

..Populist. 

..Populist. 

..Populist. 



TREASURER'S OFFICE. 

George M. Seward, Assistant Treasurer Topeka Republican. 

W. D. McKinstrey, Clerk Wellington .... ...Populist. 

H. T. Brown, Clerk.... Douglass Populist. 

J. M. Morgan, Clerk Chetopa Populist. 

Miss Corda Brown, Stenographer Topeka Populist. 

SUPERINTENDENT OF PUBLIC INSTRUCTION'S OFFICE. 

W. D. Struble, Assistant Salina -.Populist. 

D. D. Hornaday, Bond Clerk Abilene Populist! 

Miss M . I,. Achenbach, Stenographer Topeka Populist. 

STATE LIBRARIAN. 

H.J. Dennis, librarian Topeka Republican. 

Miss Alice Ordway , Topeka Republican. 

Jacob J. Falls, Clerk .....Topeka Republican. 



LETTERS TO GOVERNOR LEWELLING 181 



REGISTER OP THE LEGISLATURE. 

1893-94. 

MEMBERS OF THE SENATE. 

Dist. Name. Post-office. County. Politics. 

1 J. D. Williamson Troy Doniphan Republican.. 

2 John M. Price Atchison Atchison Republican. 

3. . . .Lucien Baker Leavenworth Leavenworth. .Republican. 

4 Edwin Taylor Edwardsville .... .Wyandotte People's Party. 

~> Solon O. Thacher Lawrence Douglas Republican. 

6. . . J. W. Parker Olathe Johnson Republican. 

7 Dr. E. T. Metcalf. Colony Anderson Republican. 

8 W. P. Dillard Fort Scott Bourbon P. P.-Dem. 

9....H. M. Reid Fleming Crawford People's Party. 

10 .... M. A. Householder. . . . Columbus Cherokee People's Party. 

11. . . J. H. Reilly Parsons Labette People's Party. 

12 D. McTaggart Liberty Montgomery.. Republican. 

13 John C. Carpenter Chanute Neosho Republican. 

11 Chas. F. Scott Iola Allen Republican. 

15. . . J. W. Leedy LeRoy Coffey People's Party. 

10 H. G. Jumper Melvern Osage People's Party. 

17.... Wm. E- Sterne Topeka Shawnee Republican. 

18. ...H. F. Robbins Wheaton Pottawatomie. Republican. 

19. ...James Shearer Frankfort Marshall People's Party. 

20.... Wm. Rodgers Barnes Washington ..People's Party. 

21 A, E. True Vera Wabaunsee ...People's Party. 

22 M. Senn Enterprise Dickinson.. ...-People's Party. 

S) Wm. A. Morgan Cottonwood Falls. Chase Republican. 

24... Levi Dumbauld Hartford Lyon People's Party. 

25.... A. W. Dennison El Dorado Butler People's Party. 

26 Jaion Helmick Cloverdale, Chautauqua.. .People's Party. 

27. ...Louis P. King Tannehill Cowley People's Party, 

28 A. G. Forney Belle Plaine Sumner....... People's Party. 

29 Ed. O'Bryan Wichita Sedgwick P. P.-Dem. 

BO S. T. Danner Newton Harvey Republican. 

31 R. E. Baldwin Ada Ottawa People's Party.- 

32 George D. Bowling.... Belleville.. Republic People's Party. 

S3 Anson S. Cooke Beloit Mitchell People's Party. 

:: I \V. B. Helm .Ellsworth FCllsworth People's Party. 

:{-"). ...John Armstrong Great Bend Barton People's Party. 

86 J. M. Leeds Turon Reno People's Party. 

37... .H. F. Landis Medicine Lodge ..Barber People's Party. 

:;> Milton Brown Garden City Finney Republican. 

39 — K. E. Willcockson Oakley Logan Republican. 

40. .<.Geo. E- Smith Germantown Smith People's Party. 



182 LETTERS TO GOVERNOR LEVELLING. 
SUBORDINATE OFFICERS OF THE SENATE. 

Office. Name. Post-office. Politics. 

Secretary W. L. Brown Kingman Populist. 

Assistant Secretary S. L. Gilbert .Wichita Democrat. 

Sergeant-at-Arms David Shull Leavenworth. .Populist. 

Assistant Sergeant-at-Arms..F. V. Close Abilene Populist. 

Journal Clerk A. D. Gilpin Lincoln Populist. 

Assistant Journal Cterk, L. A. McDonald Leavenworth . .Democrat. 

Docket Clef k A. B. Chaffee Emporia Populist. 

Assistant Docket Clerk P. M. Eastwood Girard. Populist. 

Postmistress Mrs. Sam Wood Topeka Populi3t. 

Assistant Postmaster John Forbes Fort Scott Democrat. 

Enrolling Clerk Miss Anna Cherry.. Parsons Populist. 

Document Clerk R. Larimer Columbus Populist. 

Assistant Document Clerk. , J. P. Stevens Wellsville Populist. 



LIST OF SENATE COMMITTEES. 

Session of 1893. 

"Judiciary. — Dennison, chairman ; Dillard, O'Bryan, Cook 
Baldwin, Leeds, Carpenter, Brown, Thacher. 

Ways and Means. — Rodgers, chairman ; Dnmbauld, King, 
Forney, Landis, Parker, Baker. 

Elections.— Leedy, chairman ; Bowling, Shearer, Smith, 
Baker. 

Federal Relations. — Dillard, chairman; Helmick, Reed, 
Williamson, Metcalf. 

Railroads. — Householder, chairman ; Senn, Reilly, Leedy., 
Helm, Jumper, Sterne, Danner, Robbins. 

Assessment and Taxation. — Senn, chairman; True, Arm- 
strong, Willcockson, Morgan. 

FEES and Salaries.— Taylor, chairman; Jumper, Landis, 
Baker, Willcockson. 

Municipal Indebtedness.— O'Bryan, chairman; Forney, 
Leeds, Householder, Price, McTaggart, Carpenter. 

Corporations. — Bowling, chairman ; King, True, Cook, 
Parker. 

State Affairs. — Helm, chairman ; Taylor, Smith, William- 
son, Thacher. 

District Apportionment.— Jumper, chairman; Leeds, Denni- 
son, Dillard, Reed, Rodgers, Carpenter, Brown, Williamson. 

Engrossed Bills. — Forney, chairman ; Cook, Helm, Danner, 
O'Bryan. 



LETTERS TO GOVERNOR LE WELLING. 1S3 

Enrolled Bills. — Leeds, chairman; Smith, Senn, Carpenter, 
Scott. 

Agriculture. — King, chairman ; Armstrong, Shearer, Rob- 
bins, McTaggart. 

Temperance. — Morgan, chairman ; Baldwin, Helmick, Taylor, 
Williamson. 

Penal and Charitable Institutions. — Armstrong, chair- 
man ; Reed, Reilly, Metcalf, McTaggart. 

Manufactures and Industrial Pursuits. — Reilly, chair- 
man ; Bowling, Forney, McTaggart, Sterne. 

Mines and Mining. — Reed, chairman ; Jumper, Householder, 
Baker, Morgan. 

Banking and Insurance. — Baldwin, chairman ; Landis, 
Leedy, Sterne, O'Bryan. 

Printing. — Cook, chairman ; Landis, Householder, Scott, 
Parker. 

Education and Educational Institutions. — Landis, chair- 
man ; Dumbauld, Baldwin, King, Danner. 

Public Buildings. — Dumbauld, chairman ; Helm, Leedy, 
Senn, Rodgers. 

Cities of First Class.— Thacher, chairman ; Dillard, Denni-' 
son, Price, Taylor, Forney, Smith. 

Cities of Second and Third Class. — Shearer, chairman ; 
Dillard, Scott, Price, Willcockson, Reilly, Baldwin. 

Roads and Bridges.— Smith, chairman ; Taylor, Helmick, 
Danner, Scott. 

County Seats and County Lines. — True, chairman ; Deuni- 
son, Jumper, Brown, Morgan. 

Military Affairs and Claims. — Helmick, chairman ; Rodg- 
ers, Bowling, Robbins, Metcalf. 

Public Health and Immigration. —Metcalf, chairman; 
Armstrong, True, Dumbauld, McTaggart. 



MEMBERS OF HOUSE OF REPRESENTATIVES. 
1893-1894. 

Disl. Name. Post-office. County. Politics. 

1. . J. A. Campbell Severance Doniphan Repnb.iean. 

1. . .John Seaton Atchison Atchison Republican. 

:;. . .C. A- Woodworth Muscotah Atchison People's Party. 

4...C. H. Phinney ..McLouth Jefferson Republican. 

. r >... Lewis H. Gest Valley Palls Jefferson People's Party. 

6.. .Stephen Meagher Easton . Leavenworth.. Democrat. 

7...H. C. P. Hackbusch... Leavenworth Leavenworth. .Republican 



184 LETTERS TO GOVERNOR LEWELLIXG. 

Bis/. None. Post-office. County. Politics. 

8...McCown Hunt. . . . . ..Leavenworth Leavenworth.. Republican. 

9... J. J. McAleney Kansas City, Kas. Wyandotte People's Party. 

10... J. K. Cubbison Kansas City, Kas. Wyandotte Republican. 

11... A. A. Burgard Muncie Wyandotte. ...People's Party. 

12... N. Zimmerman.. Ola the Johnson ..Republican. 

13. ~Dr. C. N. Bishoff. Eudora Douglas Republican. 

14. ..Dr. N. Simmons Lawrence Douglas Republican. 

15...Robt. H. Semple Ottawa Franklin People's Party. 

16... J. B. Remington Osawatomie Miami Republican. 

17... J. W. Tucker Pleasanton Linn People's Party. 

18... John G.Johnson Gainett .Anderson Republican. 

19... Iy. B. Pearson Humboldt Allen Republican. 

20.. .H. J. Butler.. Fort Scott Bourbon Republican. 

21. ..J. A. Clark Barnesville Bourbon People's Party. 

22... Hugh Bone Fleming Crawford People's Party. 

23. . .W. H. Ryan Brazilton Crawford People's Party. 

24... C. L. Walters Scammonville . ...Cherokee People's Part}'. 

25 . . . Alex. Warner Baxter Springs Cherokee Republican. 

26... J. L. Humphrey.. .....Mound Valley ....Labette People's Party. 

27... P. A. Morrison Altamont Labette People's Party. 

28... F. M. Benefiel Coffeyville Montgomery. .Republican. 

29 . . .J. M. Dunsmore Thayer Neosho Democrat. 

30. . Jacob Lamb Fredonia Wilson Republican. 

31... J. H. Bayer ., Yates Center Woodson Republican. 

32. . .T. C. Ballinger Burlington Coffey Republican. 

33 . . John Graham Peterton Osage People's Party. 

34. . .Thomas Chappell Scranton Osage People's Party. 

35.. .A. C. Sherman Rossville '. Shawnee Republican. 

36 . . . Wm . B. Swan Topeka Shawnee Republican. 

37. . James A. Troutman . . Topeka Shawnee Republican. 

38. . .Nicholas Kline Muscotah Jackson Republican. 

39.. J. F. Pomeroy Hoi ton Jackson Republican. 

40. . . W. W. Price Everest Brown Republican. 

41 . . .R. D.'McCliman Capioma Nemaha People's Party. 

42. . .Wm. Raemer, Jr Herkimer Marshall Republican. 

43... A. G. Axelton Randolph Pottawatomie. Republican. 

44... Rev. Wm. Knipe Manhattan Riley Republican. 

45... Dr. P. Daugherty Junction City Geary Peo. Par.-Dem. 

46.. Joseph Tren Halifax Wabaunsee People's Party. 

47 . . . D. W. Eastman Fmporia Lyon Republican. 

48... Charles Moss Allen Lyon People's Party. 

49. -E. W. Claycomb Eureka Greenwood Republican. 

50.. G. W. Crumley Grenola Elk People's Party. 

51.. .M. B. Chrisman Wauneta Chautauqua . .Republican. 

52.. -Ed. Green Arkansas City.... Cowley People's Party. 

53. . .F. G. Bowers Winfield Cowley Republican. 

54. ..CM. Noble Freedom Butler People's Party. 

55... R. H. Chandler Bazaar Chase Republican. 

56... E. W. Hoch Marion Marion Republican. 

57... H. E. Richter . Council Grove Morris Republican. 



LETTERS TO GOVERNOR LEVELLING. 1>5 

Disi. Name. Past-office. County, Politics. 

58... M. P Kelley Chapman Dickinson People's Party. 

59. ..A. A. Newman .Clay Center Clay People's Party. 

<30 . D. M. Watson Enosdale Washington ..People's Party. 

61. . J. M. Foster .White Rock Republic Republican. 

62... S. O. Everly Graves Cloud People's Party. 

C3...Geo. McConkey Minneapolis Ottawa.. People's Party. 

64... P. H.Dolan Salina Saline People's Party. 

65. . .Chas. T. Stromquist.. .Smoky Hill McPherson Republican. 

66. .John E. Frazier Halstead Harvey Republican. 

67... H. W. Ruble Greenwich Sedgwick People's Party. 

68.. .Geo. L. Douglass Wichita Sedgwick Republican. 

69... F. G Rawson Mount Hope Sedgwick People's Party. 

70. ..Dr. Wm. Hobson Conway Springs. .Sumner Republican. 

71... J. M. Doubleday Caldwell Sumner People's Party. 

72. . .Geo. H. Coulson Anthony Harper People's Party. 

73. ..T. S. Benefiel.Sr Nashville . Kingman People's Party. 

74... Wm. Garrison Medicine Lodge ..Barber People's Party. 

75... W. F. Brown Caven Pratt People's Party. 

76. ..J. F. Greenlee Hutchinson Reno Republican. 

77.. J. W. Dix Lerado Reno Republican, 

78. . . Wm. Campbell Antrim Stafford People's Party. 

79... M. W. Cobun Great Bend Barton People's Party. 

80... Wm. M. Kenton Raymond Rice People's Party. 

81... Joseph Sekavec Alliance Ellsworth People's Party. 

82... Otis L. Atherton Russell.... ..Russell Republican. 

8i... A. N. Whittington Lincoln Lincoln People's Party. 

84. ..Geo. H. McKiunie Beloit Mitchell People's Party. 

85... S. W. Hill Alton Osborne People's Party. 

86. ..E. F. Barnett Esbon Jewell People's Party. 

87 . . . J . M. Helm Lebanon Smith People's Party. 

88. . .P. C. Wagoner Logan Phillips People's Party. 

89... James S. Shaw Plainville Rooks Republican. 

90.. .B. F. Replogle Hays City Ellis Peoples Party. 

91 . ..Samuel I. Hale LaCrosse Rush Republican. 

92. ..A. H Lupfer -..Lamed ., Pawnee People's Party. 

93... J. J. Wright. Kinsley Edwards People's Party. 

94. ..J. W. Davis Greensbyrg Kiowa Republican. 

95... T. G. Chambers Coldwater Comanche Democrat. 

96... B. F. Morris Lexington Clark People's Party. 

97 . . . M . W. Su tton Dodge City Ford Republican. 

98. ..Dr. T. C. Bowie Hodgeman Hodgeman.... Republican. 

99. . .Richard O. Elting Kansada Ness Republican. 

100... A. II. Blair Wa Kceney.. Trego Republican. 

101... Levi Pritchard Hill City Graham People's Party. 

102... W. L Kerr Norton Norton People's Party. 

103. ..Dan Caster .Oberlin Decatur People's Party. 

101..-W. J. J5arne« Iloxic Sheridan People's Party. 

105... R. D. Anderson Grinnell Gove Republican. 

106... J. A. Bucklin Oakley Thomas People's Party. 

107... Samuel Way Mirage Rawlins Republican. • 



186 LETTERS TO GOVERNOR LE WELLING. 

Dist. Name. Post-office. County. Politics. 

108. . . I,. J. Willits St. Francis Cheyenne Republican. 

109... Fred. F. Yearick I,a Blanche Sherman People's Party. 

110. ..J. F. Coulter Russell Springs.. .I,ogan Republican. 

111. . .W. D. Harris Sharon Springs. . .Wallace Republican. 

112... W. M. Glenn.... Tribune Greeley Republican. 

113 . . . W. J. Chubbuck Leoti Wichita Republican. 

114. . J. F. Pancake Scott City Scott People's Party. 

115... C. K- I^obdell Dighton I^ane.. Republican. 

116... W. R. Hopkins Garden City Finney Republican. 

117 ..F. M. Kelley Kendall Kearny Republican. 

118 . . .Alfred Pratt Syracuse Hamilton Republican. 

119... T. M. Grissom Johnson City Stanton People's Party. 

120... Peter Bowers Ulysses Grant Republican. 

121. . Joseph Rosenthal Santa Fe Haskell Republican. 

122. . .O. B. Douglass Ingalls Gray Republican. 

123. . James Wilson Meade Meade Independ. Rep. 

124. . .Dr. H. V. Nichols liberal Seward Republican. 

125... A. H. Dre<v Hugoton Stevens People's Party. 

DELEGATES FROM COUNTIES NOT DISTRICTED. 

T. A. Milton'. Ravanna Garfield .Democrat. 

Richard A. King Richfield Morton. Republican. 



OFFICERS OF THE HOUSE. 

Office. Name. Residence. Politics. 

Speaker George I,. Douglass Wichita Republican. 

Speaker pro tern F. W. Hoch Marion Republican. 

Chief Clerk Frank I,. Brown Garnett Republican 

Asst. Chief Clerk John Q. Royce Smith Center Republican. 

Reading Clerk L,. S. Sears Topeka Republican. 

Journal Clerk T. A. Filson Atchison Republican. 

Asst. Journal Clerk... J. A. Buckles Ulysses Republican. 

Docket Clerk R. M. Fulton Winchester Republican. 

Asst. Docket Clerk Miss B. Hollingshead. .Garnett Republican. 

Document Clerk W. G. Patten Cottonwood Falls . .Republican. 

Sergeant-at-Arms C. C. Clevenger Yates Center Republican. 

Asst. Serg't-at-Arms..W. H. Young Kansas City Republican. 

Asst. Serg't-at-Arms.. C. N. Points Havensville Republican. 

Asst. Serg't-at-Arms. .A. C. Jordan L,yons Republican. 

Asst. Serg't-at-Arms. .C. P. Kern Coldwater Republican. 

Asst. Serg't-at-Arms.. W. P. Wilcox .Fmporia . ..Republican. 

Asst. Serg't-at-Arms . . George Higgins Topeka Republican. 

Asst. Serg't-at-Arms.. I,. K. Clogston Fureka Republican. 

Chief Doorkeeper J. R. Miller., Topeka Republican. 

Doorkeeper Geo. W. Dusenbery. ...Mullinville Republican. 

Doorkeeper A. Barton. ; Topeka , Republican. 



LETTERS TO GOVERNOR LE WELLING. 187 

Office. Xante. Residence. Politics. 

Doorkeeper M. Benjamin Kansas City Republican. 

Doorkeeper F. M. Higgason Belleville Republican- 
Doorkeeper Albert Marter Topeka Republican. 

Chief Enrolling Clerk. Mrs. L. C. Hughes Kansas City Republican. 



LIST OF HOUSE COMMITTEES. 

Session of 1893. 

Judiciary. — Lobdell, chairman; Chambers, Sutton, Cubbison, 
Rosenthal, Hopkins, Glenn, Troutman, Davis, Hale, Johnson, 
Butler, Dunsmore, Doubleday, McKinnie, Daugherty, Everly, 
Green, Ryan, Semple. 

Ways and Means. — Remington, chairman; Phinney, Wilson, 
Bishoff, Eastman, Hopkins, Hunt, Blair, Greenlee, Knipe, Pratt, 
Warner, Hoch, Troutman, Chambers, Cobun, Newman, Garrison, 
Whittington, Caster, Daugherty, Pancake. 

Railroads. — Greenlee, chairman; Seaton, Atherton, Cham- 
bers, Eastman, Price, Hackbusch, Pearson, Sherman, Kelley of 
Kearny, Powers, Hoch, Stromquist, Coulter, Cubbison, Nichols 
of Seward, Campbell of Doniphan, Campbell of Stafford, Whit- 
tington, Ruble, McConkey, McKinnie, Benefiel of Kingman, Ryan, 
Kenton. 

Agriculture. — Zimmerman, chairman; Chrisman, Foster, 
Pomeroy, Axelton, Bayer, Chandler, Dolan, Yearick, Crumley. 

State Affairs. — Atherton, chairman; Wilson, Way, Sutton, 
Clark of Linn, Swan, Bowers, Dunsmore, Barnett, Ruble. 

Elections. — Chambers, chairman; Troutman, Hoch, Rem- 
ington, Hunt, Johnson, Greenlee, Lupfer, McCliman, Doubleday. 

Legislative and Congressional Apportionment. — Cub- 
bison, chairman; Meagher, Powers, Kelley of Kearny, Chubbuck, 
Atherton, Raemer, Price, Ballinger, Ryan, Semple, Whittington, 
Crumley. 

Assessment and Taxation.— Price, jhairman ; Warner, Bal- 
linger, Seaton, Swan, Frazier, Shaw, Watson, Morris, Dunsmore. 

Banks and Banking.— Rosenthal, chairman ; Warner, Harris, 
Richter, Shaw, Powers, Johnson, Drew, Dunsmore. 

Fi'ES and Salaries.— Pearson, chairman ; Hunt, Ballinger, 
Bishoff, Bayer, Clark of Linn, Gest, Ruble, McKinnie. 

Insurance.— Richter, chairman; Hale, Frazier, Seaton, Pow- 
ers, Warner, Kline, Newman, Sekavec, Ryan. 



188 LETTERS TO GOVERNOR LEWELLING. 

Judiciary Local. — Glenn, chairman ; Blair, Butler, Johnson, 
Raemer, Kline, Dix, Dunsmore, Lupfer, Garrison, Paacake. 

RULES. — Seaton, chairman; Hoch, Warner, Richter, Rosen- 
thal, Dunsmore, Semple. 

Education. — Benefiel of Montgomery, chairman; Eastman, 
Stromquist, Price, Frazier, Bowie, Ballinger, Coulson, Chappell, 
Foster. 

Cities of First Class. — Butler, chairman ; Hackbusch, Swan, 
Cubbison, Seaton, Hale, Sutton, Burgard, Rawson, Clark, 

Federal Relations. — Wilson, chairman ; Seaton, Sherman, 
Richter, Warner, Pearson, Raemer, Ruble, McConkey, Pritchard. 

Roads and Highways. — Phinney, chairman ; Raemer^ Price 
Simmons, Lamb, Bayer, Clavcomb, Pancake, Gest, Rawson, Chap- 
pell. 

Militia. — Bowers, chairman ; Warner, Seaton, Sherman, Elt- 
ing, Bowie, Pritchard, McConkey, Benefiel of Kingman. 

Educational Institutions. — Hale, chairman ; Frazier, Hoch, 
Pomeroy, Way, Benefiel of Montgomery, Eastman, Barnes, Dolan, 
Moss. 

Public Buildings and Grounds. — Sherman, chairman ; Sea- 
ton, Hunt, Greenlee, Bayer, Zimmerman, Pomeroy, Wagoner, 
Morris, Crumley. 

Public Lands. — Anderson, chairman ; Chubbuck, Nichols of 
Seward, Bowers, Rosenthal, Coulter, Way, Yearick, Campbell of 
Stafford, Cobun. 

Manufactories. — Hunt, chairman; Swan, Seaton. Greenlee, 
Butler, Warner, Atherton, Everly, Bucklin, Kelley of Dickinson, 

Horticulture and Forestry.— Kline, chairman, Chrisman. 
Powers, Foster, Way, Bowers, Douglass of Gray, Benefiel of 
Kingman, McKinnie, Whittington. 

Municipal Incorporations.— Blair, chairman ; Seaton, John- 
son, Sutton, Hopkins, Frazier, Harris, Caster, Newman, Dou- 
ble day. 

Hygiene and Public Health. — Bishoff, chairman ; Hobson, 
Nichols of Seward, Simmons, Sutton, Swan, Campbell of Doni- 
phan, Daugherty, Burgard, Green. 

County-Seats and County Lines. — Chubbuck, chairman; 
Nichols of Seward, Bowers. Harris, Shaw, Bowie, Kelley of Kear- 
ny, McConkey, Morrison of Labette, Benefiel of Kingman. 

Telegraphs and Telephones. — Dix, chairman; Raemer, 
Claycomb, Butler, Campbell of Doniphan, Shaw, Way, Bone, Kerr, 
Sekavec. 



LETTERS TO GOVERNOR LE WELLING. 189 

Emigration. — Nichols of Seward, charirman ; Blair, Way, 
Bowers, Dix, Bayer, Lamb, Chappell, McAleney, Kelley of Dick- 
inson. 

Private Corporations. — Sutton, chairman ; Cubbison, Lob- 
dell, Warner, Way, Atherton, Price, McCliman, Bucklin, Morris. 

Live Stock. — Powers, chairman; Way, Pomero3% Wilson, 
Crumley, McConkey, Dolan. 

Cities of Second Class. — Hopkins, chairman ; Hoch, Sut- 
ton, Warner, Greenlee, Powers, Frazier, Semple, Coulson, Hill. 

Cities of Third Class. — Harris chairman; Wilson, Doug- 
lass of Gray, Pratt, Bishoff, Anderson, Chambers, Garrison, 
Humphrey, Kelley of Dickinson. 

Claims and Accounts. — Hobson. chairman ; Bowers, Chub- 
buck, Shaw, Chrisman, Clay comb, Powers Coulson, Moss. 

Municipal Indebtedness. — Warner, chairman; Sutton, Sea- 
ton, Powers, Rosenthal, Dix, Shaw, Kenton, Bone, Clark. 

STATE Library.— Eastman, chairman ; Hoch, Blair, Warner, 
Seaton, Clark of Linn, Powers Clark of Bourbon, Daugherty. 
Gest. 

Irrigation. — Pratt, chairman; Willits, Hopkins, Harris, 
Sutton, Chubbuck, Kelley of Kearny, Helm, Sekavec, True, 
Humphrey. 

Printing.— Frazier, chairman; Hunt, Hoch, Coulter, Bal- 
linger, Bayer, Nichols of Atchison, Morris, Barnett, Campbell of 
Stafford, McCliman, Garrison. 

Mines and Mining.— Hackbusch, chairman ; Warner, Chris- 
man, Claycomb, Butler, Lamb, Meagher, Walters, Chappell, Bone, 
Ryan, Clark of Bourbon, Bishoff. 

Penal Institutions.— Kelley of Kearny, chairman ; Hunt, 
Dix, Seaton, Kline, Raemer, Lamb, Way, Morrison of Labette, 
Everly, Green, Price, Watson. 

Charitable Institutions.— Simmons, chairman ; Dix, Hob- 
son, Pomeroy, Nichols of Seward, Knipe, Meagher, Everly, 
Yearick, McConkey. 

LABOR. — Meagher, chairman; Claycomb, Pearson, Foster, 
Bayer, Coulter, Willits, McAleney, Chappell, Green, Bone. 

ENROLLED Bills — Coulter, chairman; Douglass of Gray, 
Kiting, Willits, Bowers, Knipe, Hale, McKinnie, Yearick, Grissom. 

ENGROSSED Bills.— Campbell of Doniphan, chairman ; Swan, 
Meagher, Way. Ballinger, Kline, Raemer, Graham, Humphrey' 
Kerr. 

Mileage. -Chandler, chairman; Willits. Douglass of Gray, 
Dix, Elting, Knipe, Lamb, Grissom, Chappell, Bone. 



190 LETTERS TO GOVERNOR LE WELLING. 

Temperance. — Elting, chairman; Anderson, Knipe, Clark, 
Axelton, Frazier, Rosenthal, Drew, Hill, Whittington, Helm. 

Supervision OF THE Journal. — Johnson, chairman; Davis, 
Chubbuck, Semple, Ryan. 

Employees. — Hoch, chairman; Way, Chrisman, McKinnie. 
Crumley. 

Judicial Apportionment. — Davis, chairman; Hunt, Seaton, 
Troutman, Johnson, Eastman, Pearson, Greenlee, Remington, 
Foster, Chrisman, Bowie, "Willits, Hobson, Harris, Hoch, Hop- 
kins, Cub bison, Chambers, Nichols of Seward, Glenn, Shaw, Ax- 
elton. Dunsmore, Butler, Kelley of Dickinson, Humphrey, Seka- 
vec, Barnett, Ruble, Cobun, Newman, McCliman, Coulson, Clay- 
comb, Dolan. 

Political Rights of Women. — Knipe, chairman ; Hoch 
Nichols of Atchison, Willits, Pearson, Drew, Moss, Barnett. 



EE TTERS TO GO 1 7 ER.\ OR EE WEEEEXG. 19 1 



A LIST OF APPOINTMENTS BY THE 
GOVERNOR. 

LIVE STOCK SANITARY COMMISSION. 

£ E. Hull Eureka Populist. 

Ed. M. Turner Marysville Populist. 

!ohn 1. Brown . .Minneapolis Populist. 

STATE BOARD OF CHARITIES. 

M A. Householder Columbus Populist. 

Mrs. Mary E. Lease Wichita Populist. 

W S. Waite Lincoln Populist. 

VV. T. Yoe Independence Republican. 

H. B. Kelly McPherson Republican. 

REGENTS OF THE STATE UNIVERSITY. 

Charles Robinson Lawrence Populist. 

William Rodgers Barnes Populist. 

} P. Sams Seneca Populist. 

C R. Mitchell Geuda Springs Republican. 

Charles F. Scott Iola Republican. 

D. A. Valentine Clay Center Republican. 

REGENTS STATE AGRICULTURAL COLLEGE. 

Ed. Secrest Randolph Populist. 

E. D. Stratford El Dorado Populist. 

W. I). Street Oberlin Populist. 

Harrison Kelley Burlington Populist. 

Joshua Wheeler Xortonville Republican. 

A P. Forsythe Liberty Republican. 

REGENTS STATU NORMAL SCHOOL. 

John Madden Cottonwood Falls Populist 

J. S. McGrath Beloit Populist. 

V K. Stanley Wichita Populist. 

H. J). Dickson Emporia Republican. 

Nelson Case Oswego Republican. 

S. H. Dodge Beloit Republican. 

FORESTRY COMMISSION!; R. 
E. L>. Wheeler \V;i Keenev Populist. 



192 LETTERS TO GOVERNOR LEWELLING. 

INSPECTOR OF GRAIN. 

Samuel P. Jones . Anthony Populist. 

ADJUTANT-GENERAL. 

H. H. Artz Garden City Populist. 

A. J. Davis, Assistant Stockton Populist. 

BOARD OF RAILROAD COMMISSIONERS. 

John Hall Erie Democrat. 

W. D. Vincent Clay Center Populist. 

P. B. Maxson Emporia Populist. 

BOARD OF PUBLIC WORKS. 

S. M. Scott McPherson Populist. 

William Wykes Wellington Populist. 

R. B. Kepley Topeka Democrat. 

BOARD OF PARDONS. 

John F. Willits McLouth Populist. 

S. A. Willoughby Hutchinson Populist. 

J. F. McDonald Parsons Populist. 

BANK COMMISSIONER. 

John W. Breidenthal Enterprise .Populist. 

Frank Osborn, Assistant.. . .Howard. Populist. 

COMMISSIONER OF LABOR STATISTICS. 

J. F.Todd ElDorado Populist. 

A. C. Baker, Assistant Junction City Populist. 

WARDEN OF PENITENTIARY. 

S. W. Chase Winfield Populist. 

DIRECTORS OF THE PENITENTIARY. 

George Hollenback Coldwater Populist. 

W. J. Hurd Holton Populist. 

T. H. Butler Great Bend Populist. 

STATE MINE INSPECTOR. 

Anthony C. Gallagher Chicopee. . Populist. 



LETTERS TO GOVERNQR LEWELLING. 193 

MANAGERS OF DODGE CITY SOLDIERS' HOME. 

L. Van Vorhis Lawrence Populist. 

Dr. G. Bohrer Chase Populist. 

Julius H. Stewart Goodlaud Populist. 

STATE VETERINARY SURGEON. 

G. C. Pritchard Topeka Republican. 

POLICE COMMISSIONERS OF KANSAS CITIES. 

LEAVENWORTH. 

P'rank O'Donell, President , Democrat. 

Robert Leslie, Secretary Populist. 

J. J. Edic Populist. 

TOPEKA. 

Allen Sells, President ; Populist. 

L T. Youut, Secretary ' Populist. 

Oscar Krauss Democrat. 

EORT SCOTT. 

T. Cochran, President „ Populist. 

J. Bamberger, Secretary Democrat. 

J. Bryant Populist. 



George M. Dickson, President Democrat. 

J. G. Brown, Secretary Populist 

F. A. Davis Democrat. 

ATCHISON. 

W. W. Cochran, President Democrat. 

J. G. Thayer, Secretary Populist. 

Patrick Laugan Populist. 

KANSAS CITY. 

A. YY. Cunningham, President Populist. 

William Pray, Secretary Republican 

George W. Mitchell. Democrat. 

COMMISSIONERS OF ELECTIONS. 

For Topeka Frank Herald Populist. 

For Kansas City R. c. Foster Populist, 



194 



LETTERS TO GOVERNOR LE WELLING. 



DEPARTMENT OF INSURANCE. 

Wm.H.McBride, Superintendent. .Osborne . .. . .Republican. 

Harry S. Leonard, Assistant Independence . . , .Republican. 

Miss Minnie McBride, Clerk Osborne Republican. 



II L.Taylor.. 



OIL INSPECTOR. 
Wichita. 



.Populist. 



}. B. Mason. 



FISH COMMISSIONER. 
Eureka 



.Republican. 



THE STATE BOARD OF HEALTH. 

G. H. T.Johnson, M.D., President. Atchison 

M. O'Brien, M.D., Secretary Topeka 

D. C. Jones, M.D ' Topeka 

J. Milton Welch, M.D \ Wichita 

H. D. Hill, M.D Augusta 

Frank Swallow, M.D .- Valley Falls 

J. W. Jennev, M.D Salina 

R. C Musgrave, M.D . Grenola 

Andrew Sabine, M.D , Garden City 

R. A. Williams, M.D , Olathe 




LETTERS TO GOVERNOR LB WELLING. 195 



KANSAvS EXHIBIT 

WORLD'S COLUMBIAN EXPOSITION, 

Opens May 1, 1893. 
OLD BOARD OF MANAGERS. 

A. W. Smith President 

A. S. Johnson Vice-President 

Samuel T. Howe Treasurer 

W. H. Smith Secretary 

A. W. Smith At Large 

Fred Wellhouse At Large 

W. A. Harris First District 

R. W. Sparr Second District 

E. H. Brown Third District 

A. S. Johnson Fourth District 

W. H. Smith Fifth District 

Win. Simpson Sixth District 

O. B. Hildreth Seventh District 

Mrs. Lewis Hanback 

Mrs. R. B. Mitchell 

WORLD'S FAIR COMMISSIONERS. 

New appointments by Gov. Lewelling to supersede the old Board. 

i st District. . .George W. Glick. . .Atchison Democrat. 

2d District. . .II. II. Kern Bonner Springs. .Democrat. 

3d District. . .L. P. King Wiufield Populist. 

4th District.. .T.J. Anderson Topeka Republican. 

5th District.. .A. P. Collins Salina Prohibition, 

6th District.. .Mrs. A. M. Clark. . Jewell Populist. 

7th District.. .M. W. Cobun Great Bend Populist. 



196 



LETTERS TO GOVERNOR LEWELLING. 



STATE HISTORICAL SOCIETY. 



OFFICERS FOR i893. 

P. G. Lowe, Leavenworth President 

Levi Dumbauld, Lyon County Vice-President 

V. J. Lane, Wyandotte Vice-President 

T. D. Thacher, Topeka Treasurer 

F. G. Adams, Topeka Secretary 

DIRECTORS. 

Members of the Board of Directors for the year ending Jan- 
uary 16, 1894 : 

Anthony, D. R Leavenworth 

Eckert, T. W Arkansas City 

Baker, F. P Topeka 

Berry, Ed. A Waterville 

Brown, A. Z Guilford 

Cobun, M. W Hoisington 

Doty, W Oketo 

,Elder, P. P Ottawa 

Eskridge, C. V Emporia 

Glick, Geo. \V Atchison 

Goodnow, I. T Manhattan 

Greene, A. R Lecompton 

Humphrey, L. U.. Independence 

Ives, J. N Sterling 

Kingman, S. A Topeka 

Legate, Jas. F. . . .Leavenworth 



McBride, Wm. H Osborne 

Mclntire, T Arkansas City 

Osborn, Thos. A Topeka 

Phillips, Wm. A Salina 

Riddle, A. P Minneapolis 

Robinson, Chas Lawrence 

Russell, Edward Lawrence 

Speer, John Sherlock 

Stewart, Samuel J. . .Humboldt 

Ware, E. F Fort Scott 

Collins, J. S TopeV:a 

Weightman, M Topeka 

Wheeler, S. C Concordia 

Whittington, A. N Lincoln 

Wilder, D. W Hiawatha 

Wood, Mrs. M. L Woodsdale 



Woodworth, C. A Muscotah 

Members of the Board of Directors for the year ending Jan- 



uary 15, 1895 : 

Adams, F. G Topeka 

Caldwell, Alex. . . . Leavenworth 

Carroll, Ed Leavenworth 

Dallas, E. J . .4 Topeka 

Elliott, L. R Manhattan 

Emery, J. S Lawrence 

Gleed, Chas. S Topeka 

Guthrie, John .Topeka 

Hays, R. R Osborne 

Holliday, C. K Topeka 

Hopkins, Scott Horton 



Maloy, John Council Grove 

Martin, Geo. W Kansas City 

Martin, John Topeka 

Mead, J. R Wichita 

Moody, Joel Mound City 

Morrill, E. N Hiawatha 

Peck, Geo. R Topeka 

Price, John M Atchison 

Reynolds, Adrian Sedan 

Simpson, B. P Topeka 

Sims, William Topeka 



LETTERS TO COVER XOR LEWELLIXG. 



197 



Horton, Albert H Topeka 

Humphrey, J Junction City 

Johnson, J. B Topeka 

Lane, V. J Wyandotte 

Lowe, P. G Leavenworth 



Smith, W. H Marysvill e 

Stotler, Jacob Wellington 

Swensson, C. A. . . .McPherson 

Thacher, T. D Topeka 

Wellhouse, Fred.. Leaven worth 



Wright, J. K Junction City 

For the term of three years ending January 21, 181)6 

Abbott, James B De Soto Johns, Mrs. Laura M 

Baker, Lucien .... Leavenworth 

Brown, W. L Kingman 

Chapman, J. B Topeka 

Cowgill, E. B Topeka 

Davis, C. S Junction City 

Diggs, Mrs. A. L Lawrence 

Dumbauld, Levi Hartford 

Forney, A. G Belle Plaine 

Foster, Warren . . . .Hutchinson 

Gaines, H. N Salina 

Hagaman, J. M Concordia 

Hebbard, J. C Topeka 

Hoch, E. W Marion 

Hudson, J. K Topeka 

Hunt, McCown. . .Leavenworth 



. Salina 

Lewelling, L. D Wichita 

Little, J. T Olathe 

McLallin, Dr. S Topeka 

McVicar, Peter Topeka 

Maxson, P. B Emporia 

Miller, Sol Troy 

Murdock, M. M Wichita 

Prentis, N. L Kansas City 

Remington, J. B. . .Osawatomie 

Rogers, William Barnes 

Scott, Charles F Iola 

Semple, Robert H Ottawa 

Stewart, A. A Manhattan 

Thacher, S. O Lawrence 

Wakefield, W. H. T . . .Lawrence 



Whiting, A. B Topeka 

The State Historical Society was organized December 17, 1876. 




198 LETTERS TO GOVERNOR LEWELLING. 



STATE BOARD OF AGRICULTURE, 

OFFICERS. 

President A. W. Smith McPherson 

Vice-President E. Harrington Baker 

Secretary M. Mohler Topeka 

Treasurer Samuel T. Howe Topeka 

MEMBERS. 

L. D. Lewelling, Governor, ) 77^. „ & . >r~~~i 

R. S. Osborn, Secretary of State, } Ex °^ cw To P eka 

Joshua Wheeler Nortonville 

T. M.Potter ' Peabody 

J. L- Finley Dodge City 

I. L. Diesem . . : Garden City 

A. C. Shinn Ottawa 

Geo. W. Glick Atchison 

R. T. Stokes Garnett 

Thomas A. Hubbard Wellington 

B. F. Campbell Saint Francis 

W. B, Sutton , , , .Russell 

OFFICERS BY APPOINTMENT. 

n ' , . , / Prof. Chas. S. Prosser Topeka 

geologists ^ prof Robert Hay Junction City 

■ns . 1 • i. /.Prof. F. H. Snow Lawrence 

Entomologists j prof B A Popenoe Manhattan 

Meteorologist Prof. J. T. Lovewell Topeka 

Assist. Meteorologist.. Sergt. T. B. Jennings Topeka 

{Prof. J. H. Carruth Lawrence 
Prof. L. E. Sayre Lawrence 
Prof. A. S. Hitchcock Manhattan 

Chemi<;t« / Prof - G - H « Failyer Manhattan 

s s I Prof, B, H, S, Bailey Lawrence 



LETTERS TO GO VERNOR LE WELLING. 199 



STATE HORTICULTURAL SOCIETY. 

OFFICERS AND DIRECTORS FOR 1893. 

Office. Name. Post-office. 

President ' L. Houk Hutchinson 

Vice-President Martin Allen Hays City 

Secretary G. C. Brackett Lawrence 

Treasurer Frank Holsinger Rosedale 

Director L. Houk Hutchinson 

Director Martin .Allen Hays City 

Director G. C. Brackett Lawrence 

Director Frank Holsinger Rosedale 

Director E. J. Holman, Northern Dist . . Leavenworth 

Director Samuel Reynolds, Middle Dist. .Lawrence 

Director Geo. W. Bailey, Southern Dist. .Wellington 




200 LETTERS TO GOVERNOR LEWELLING. 



THE KANSAS REPUBLICAN LEAGUE. 

General J. S. Clarkson is president of the National Repub- 
lican League, and A. B. Humphrey is the secretary, and has his 
office at 202 Fifth Avenue, New York City. This organization 
has established State Republican Leagues in nearly every State 
in the Union. 

The Kansas Republican League was organized at Topeka in 
March, 1888, by a convention composed of 800 delegates. One of 
its fundamental principles is that it shall take no part in nom- 
inating or recommending any person for office. 

The first officers were J. G. Slonecker, president ; S. M. Lan- 
ham, secretarj 7 ; and R. M. .Crane, treasurer. They were all 
re-elected for a second term. 

During the third year, J. M. Miller was president, Arthur 
Capper secretary, and J. G. Slonecker treasurer. The fourth year 
W. J. Bailey was president, J. Ware Butterfield secretary, and J. L. 
Bristow treasurer; the fifth year Ed. C. Little was elected presi- 
dent, and Mr. Butterfield and Mr. Bristow were re-elected. 

The sixth annual convention of the League was held in 
Topeka March 10, 1893, and the following officers were unan- 
imously elected: Hon. E. W. Hoch, of Marion, president; Chas. 
M. Sheldon, of Burlingame, secretary. 

The Kansas State League is represented in the National 
League by a vice-president and a member of the National Com- 
mittee. The State League has an Executive Committee of two 
ir embers from each congressional district. Each Republican 
Club is entitled to be represented in its State conventions by its 
president and four delegates. 



LETTERS TO GOVERNOR LEVELLING. 201 



KANSAS AND HER RESOURCES. 

Kansas is 4o0 miles long, east and west, and 200 miles wide, 
north and south ; containing 80,000 square miles. 

CHURCHES. 

i860. 1890. 

Number of buildings 97 3,000 

Value of buildings $50,000 $2,500,000 

SCHOOL-HOUSES. 

i860. 1890. 

Number 154 9,000 

Teachers, number of 189 12,500 

Pupils, number of 5,915 400,000 

Value of school property $50,000 $10,250,000 

Teachers' wages, amount of. 17,000 3,000,000 

Annual expense of maintaining schools, $5,000,000. Increa:e in 

school enrollment, 63 per cent. Amount spent for school pur- 
poses in thirty years, $40,000,000. 

NEWSPAPERS. 

i860. 1890. 

Number of wee 1 , lies 27 850 

Number of dailies 3 25 

Circulation (1 newspaper to every 2 

inhabitants) . 21,000 700,000 

Capital invested $3,000,000 

Number of employees 2,000 

FARMS AND PRODUCTS. 

i860. 1890. 

Value of farms $12,258,239 $600,000,000 

Value of farm crops 1 ,545,900 40,000,000 

Value of horses, mules, cattle, and other 

live stock 3,332,450 113,533,000 

Number of acres under cultivation . . . 405,468 17,000,000 

MANUFACTURING. 

Number of establishments WW 1,450 

Capital invested si ,048,936 $89,266,418 

Value of product 4,867,408 78,12 

Amount paid in wages 880,846 i», 274, 134 

Number ol employees 12,062 



202 ' LETTERS TO GOVERNOR LE WELLING. 
RAILROADS. 

1875. l8 9°- 

Mileage (1870) 1,501 8,218 

Value of property $1,277,931 $50,865,825 

Amount of taxes paid 1,739,352 

Number of employees 25,000 

There are 106 counties in the State — 100 having railroad. 

COAL. 

i860. 1891. 

Number of mines None. 3,000 

Value of output None. $3,500,000 

Number of employees None. 5,000 

Amount paid in wages None. $2,250,000 

LEAD AND ZINC. 

i860. 1891. 

Value of output None. $1,000,000 

Number of employees None. 1,000 

Smelters, number of None. 18 

Value of product (Argentine not in- 
cluded) None. $2,000,000 

Number of employees None. 1,000 

Kansas produced one-fourth of all the zinc output of the 
United States. 

PROPERTY. 

1880. 1890. 

Assessed value $160,891,689 $ 318,459,944 

Real value (Census Bulletin No. 14) . . . 760,000,000 1,646,000,000 

Per cent of increase of assessed value in ten years: 

Kansas « 116 

New Hampshire 53 

Vermont 97 

Massachusetts 35 

Maine 31 

Rhode Island 27 

Connecticut 9 

State Debt per capita, 1880, $1.02; 1890, 0.78; Missouri, 1890, 
$4.39; North Carolina, $1.76; Virginia, $18.76. 

Paupers in United States, 1,166 to the million inhabitants; 
in Kansas, 416 to the million. 

Convicts in Penitentiary in United States, 722 to the 
million population; in Kansas (1890), 643. . In Kansas (1880), 690; 
relative decrease in ten years in Kansas of 47 to the million. 



LETTERS TO GOVERNOR LEWELL1XG. 203 



FROM THE REPORT OF THE SECRETARY OF 

THE STATE BOARD OF AGRICULTURE. 

The following information is from the forthcoming biennial 
report of the Secretary of the State Board of Agriculture for the 
two years 1891 and 1S92: 

The population of Kansas for 1890, as published in the sev- 
enth biennial report, is that furnished by the Government Census 
Department, and by it is placed at 1,423,485. This represents 
the population for our State June I, 1890. The population, as 
shown by assessors' returns for 1891, is 1,338,811, a loss as 
reported of 84,674, or nearly 6 per cent. This loss is easily 
accounted for. The year 1S90 was a most disastrous crop year, 
and, commencing with 1887, it was the last of a series of bad crop 
years, the parallel of which has not been known in Kansas. 
Coming as it did immediately after the ''boom" collapsed, when 
farmers were already overburdened by financial obligations 
assumed during the "boom " period, a crisis followed, and the 
result was an exodus of a considerable portion of the farm as 
well as the city population. The reactionary movement, however, 
which set in after the ' boom " collapsed, and the crop failures 
following, reached its lowest point in the spring of 1891. 

The population, as shown by assessors' returns March 1, 1892, 
is 1,347,42s, an increase — small, to be sure, but an increase— over 
that of the preceding year of 8,617, showing that our people are 
returning or others are taking their places. 

The growth of the State, however, in the expansion of her 
cultivated area and in the aggregate amount and value of her 
farm products, notwithstanding the loss in population, has been 
steadily moving forward. 

In [888, when the population of the State was the highest in 
her history, the area under cultivation as returned by assessors 
was [5,577,088 acres. This area was also higher than any previ- 
ously reported by over 1,000,000 acres. 

In 1890 the area as returned devoted to field crops was 15,929,- 
654 acres. In 1891 this area grew to 17,518,090 acres, and in 1S92 



204 



LETTERS TO GOVERNOR LE WELLING. 



by assessors' returns it is shown to be 18,360,240 acres, an increase 
in two years of 2,430,586, or over 15 per cent, the largest increase 
in cultivated acres ever made in the State in the same length of 
time. This largely increased area under cultivation is chiefly 
due to the rapid expansion of the wheat area of the State. 

In 1888 the wheat area (winter and spring) was 1,120,119 acres I 
in 1889 it was 1,594,285 acres; in 1890, 2,321,113 acres; in 1891, 
3,733,910 acres; and in 1892 it was increased, as shown by assess- 
ors' returns, to 4,129,829 acres, showing an increase in wheat area 
alone in four years of 3,000,710 acres. 

This increase has been made chiefly in the central and west- 
ern belts of the State. In like manner there has been a steady 
and corresponding increase in the aggregate value of farm prod- 
ucts in the State. 

For the biennial period of 1885 and 1886 this value was 
$268,276,569; for 1887 and 1888,. $275,241,264; for 1889 and 1890, 
$283,738,870; and for 1891 and 1892, $334,460,327. 




LETTERS TO GOVERNOR LEWELLIKG. 205 



NATIONAL REPUBLICAN COMMITTEE. 

Member for Kansas. 
Cyrus Leland Troy, Doniphan County 



THE REPUBLICAN STATE CENTRAL 
COMMITTEE. 

A List of the Members and a Sketch of the Work 
Doxe by the Committee. 

The Republican State Central Committee elected at the Re- 
publican State Convention held at Topeka in June 1892, consists 
of one member from each judicial district, as follows : 
Dist. Name. Address. 

1st H. C. F. Hackbusch Leavenworth 

2d Frank G. Crowell Atchison 

3d E. B. Whaley Topeka 

4th Frank L. Brown Garnett 

5th T. C. Biddle.... Emporia 

6th John H. Madden Mound City 

7th I. N. Hollaway Yates Center 

Sth J. M. Miller Council Grove 

9th J. I). Vincent Hutchinson 

10th David Hubbard Olathe 

nth Charles Yoe Independence 

1 2th D. M. Stackhouse Concordia 

13th F. G. Powers New Salem 

14th C. B. Daughters Lincoln 

1 5th S. H. Dodge Beloit 

[6th F. W. Edmunds Kinsley 

17th C. E. Chandler Oberlin 

• Sth M. \V. Levy Wichita 

19th O. O. Morse Wellington 

20th J. W. Lane Little River 

21st F. B. Dawes Clay Center 

22d Phil. Kelley White Cloud 

23d C. W. Bickle Russell Springs 

24th Geo. W. Finch Harper 



206 LETTERS TO GOVERNOR LE WELLING. 

Dist. Name. Address. 

25th J. M. Simpson McPhersou 

26th . Daniel Boyden El Dorado 

27th J. O. Shoup • Cimarron 

28th Morton Albaugh Kingman 

29th G. L. Coates Kansas City 

30th T. L. Bond Salina 

31st C. B. Kern Coldwater 

32d Henry Henson Johnson City 

33d h.M. Riley Tribune 

34th R. F. Burke Plainville 

35th L. E. Finch Burlingame 

July 14, 1892, a meeting of the committee was held at the 
Copeland Hotel in Topeka, all of the candidates on the State 
ticket being present. J. M. Simpson, of McPherson, was elected 
chairman of the committee; Frank L. Brown, of Garnett, secretary; 
L. S. Sears, of Topeka, assistant secretary ; John R. Mulvane, of 
Topeka, treasurer. 

An Executive Committee, consisting of thirteen members of 
the State Committee, was also elected, of which committee J. M. 
Simpson was made chairman and Frank. L. Brown secretary. 
The members of the Executive Committee were J. M. Simpson, 
Frank L. Brown, Frank G. Crowell, E. B. Whaley, T. C. Biddle, 
John H. Madden, J. M. Miller, Charles Yoe, C. B. Daughters, M. 
W. Levy, G. L. Coates, F. W. Edmonds, and T. L. Bond. 

The committee discussed the political situation, and it was the 
unanimous opinion that if a close fusion could be made between 
the People's party and the Democratic party, it would require a 
great effort on the part of the Republicans throughout the State, 
and especially by this committee, to elect any part of the Repub- 
lican ticket. The chairman of the committee was thoroughly 
convinced that the hardest political battle ever fought in Kansas 
was upon us, and himself, the secretary, and assistant secretary 
on the 15th day of July began the preparatory work of the 
campaign. It was apparent that a closer organization and more 
systematic effort would be necessary on the part of the Republi- 
cans in this campaign than heretofore. Accordingly a plan was 
adopted, which briefly is as follows : Each member of the State 
Committee was the organizer of his judicial district. It was his 
duty to visit each county in his district, get the leading Republi- 
cans together, select a county organizer, and report his name 
and address immediately to the secretary of the State Com- 
mittee. It was the duty of the county organizer to visit each 
voting precinct in his countv after consulting with the leading 



LETTERS TO GOVERNOR LEWELLING. 207 

Republicans, select a precinct organizer, and forward his name 
and address to the State Committee. The precinct organizer was 
instructed to subdivide his precinct into geographical subdivis- 
ions containing not more than twenty voters, appoint for each 
subdivision a subprecinct organizer, and report his name and 
address to the State Committee. 

On the 20th day of July headquarters were opened at 905 
Kansas Avenue, and have been kept constantly open froui that 
date until the present time, the chairman and secretary of the 
committee having remained in Topeka and at the headquarters 
constantly. 

Suitable blanks and letters of instruction were prepared and 
sent out to the district organizers, and the organization began at 
once. No record of the voting precincts of the State were to be 
found with any of the State officers, and this could only be 
obtained from the county-seats in each county, which required a 
good deal of correspondence and delay. When the names of all 
the voting precincts were received, it was learned that there were 
2,099 i n the State. This was done in order that when the 
county organizer reported the names of his precinct organizers, 
the State Committee would be advised whether or not every pre- 
cinct in his count)- had an organizer by checking the names sent 
in by him with the lists of precincts. As soon as the name of 
each organizer was received, he was written a personal letter by 
the committee, with full instructions; so also was each pre- 
cinct organizer and subprecinct organizer. There were 35 dis- 
trict organizers, 106 county organizers, 2,099 precinct organizers, 
and over i6.<x>o subprecinct organizers. The writing and sign- 
ing of a personal letter to each one of these was of itself a heavy 
task. It may be stated here that no circular letters were sent out 
by the Republican State Committee during the campaign; all the 
letters were typewritten and signed. 

As soon as the name of a precinct organizer was received, 
blanks were sent, with full instructions for the polling of his 
precinct. Three copies of the poll were made; one sent to the 
county organizer, one retained by the precinct organizer, and the 
other sent direct to the secretary of the State Committee. Dur- 
ing the whole campaign the State Committee was in constant 
communication with at least one person in every voting precinct, 
and in a great many instances with a number of the subprecinct 
organizers in a precinct. The poll sheets gave the name and 



208 LETTERS TO GOVERNOR LE WELLING. 

address of each voter, his present political preference ; and if he 
intended voting the Populist ticket, what party he had previously 
belonged to, his color, nationality, and whether or not he was an 
old soldier. The first poll of the State was completed about 
September 20th, and showed some 295,000 voters. This poll, 
giving the opposition all the doubtful, gave the Republicans 
1,008 majority ; but the poll was conceded to be short some 30,000 
votes. The second poll was completed October 20th, and showed 
the following footing: 

Candidates. . Votes. 

Smith for. Governor 159,525 

Levelling for Governor . 141,290 

Pickering for Governor 5,260 

Total ; 306,075 

This left a Republican plurality of 18,235 votes. It was be- 
lieved by the committee that the poll still was short from 15,000 
to 20,000 votes, but it was also the belief that every vote in the 
State could not and would not be polled. 

From a thorough analysis of the election returns, the discrep- 
ancy between the returns and the poll is largely in the stronger 
Populist counties, where the election machinery was entirely 
under the control of the Populist party. Some three weeks prior 
to the election certain communications from Populists fell into 
the hands of this committee, indicating an organized effort to run 
voters from the Indian Territory into the border counties of this 
State for'the purpose of voting the People's party ticket. This 
committee used every effort to thwart this scheme, but, as the 
election machinery in many of the precincts of those counties* 
was entirely in the hands of the opposition, the committee was 
not successful in accomplishing this purpose. 

The campaign was formally opened on the 21st day of Sep- 
tember, by holding a large rally, addressed by prominent speak- 
ers, in each congressional district. From that date until Novem- 
ber 8th over 1,200 speeches were made by speakers under the 
direction of this committee. The routing of these speakers and 
placing them where it was thought they would do the most good 
was a heavy task. 

Every possible effort was made to secure Major McKinley and 
other speakers of national reputation who were under the control 
of the National Committee. Very few of these speakers were 
obtained, and the number did not include Major McKinley. 



LETTERS TO GOVERNOR LE WELLING. 209 

Appeals of every kind and description, and every possible in- 
fluence known to the committee, were brought to bear on the 
National Committee for financial aid and for literature. We suc- 
ceeded in obtaining tons of literature late in the campaign. The 
committee secured the organization cf the Republican news- 
papers of the State, through which organization the concerns 
that prepared the ready-print for country newspapers were in- 
duced to insert each week several columns of political matter 
bearing upon the campaign in Kansas. Nearly 250,000 packages 
of literature in German, Swedish, Italian, French, and Etrglifh, 
besides a great many newspapers, were prepared and mailed by 
the committee, and nearly 1,000 express packages were also sent 
out. The committee wrote and mailed nearly 50,000 letters dur- 
ing the campaign ; not circulars, but personal typewritten letters. 
Seven stenographers were employed all the time, and others 
when needed, and about twenty clerks. The funds of the cam- 
paign were obtained entirely from contributions of Republicans 
in this and other States, and from no other source, all rumors to 
the contrary notwithstanding. Chairman Simpson had general 
supervision and direction of the campaign, and gave such atten- 
tion as was possible to every branch of the committee's work- 
Secretary Brown had immediate charge of the organization of the 
State, distribution of the literature, and of the finances of the 
committee. Assistant Secretary Sears assisted the chairman 
with the general correspondence and Speakers' Btfreau. 

As soon as the election returns were in, the opposition began 
to claim that they would organize the lower branch of the Legis- 
lature, and upon their schemes to accomplish this design, al- 
though knowing they had elected but 58 members of the 125, 
might be written a large volume. Although without funds and 
several hundred dollars in debt, the banner of the Republican 
State Central Committee still stands where it did during the 
campaign, the headquarters have been constantly open, the efforts 
of the opposition to thwart the will of the people have been 
watched, and, as far as possible, check-mated. The Republican 
State Central Committee is the only committee in the State 
which has retained headquarters since election day. The chair- 
man and secretary have been constantly on the ground, and will 
remain there so long as evil-designing persons shall attempt to 
accomplish by revolution what they failed to accomplish at the 
ballot-box. 



210 



LETTERS TO GOVERNOR LF WELLING. 



In this connection it is appropriate to say that the thanks of 
the Republicans of Kansas are due to the chairman of this com- 
mittee, Hon. J. M. Simpson, for his long and arduous labors to 
secure Republican success. He has given most unselfishly his 
entire time, energy, and ability, To his sleepless vigilance in the 
discharge of his duties is largely due the great gain the party 
made in 1892 in the face of fusion. 



THE HASKELL COUNTY CASE. 



STUBBS VS. ROSENTHAL. 
The Supreme Court decided the Haskell County case of Stubbs 
vs. Rosenthal on the face of the returns as certified to by the 
county clerk to the State board of canvassers. The case was 
decided against Mr. Rosenthal upon technical legal grounds. 
The common understanding of the court, as well as of all well- 
informed persons, was that Mr. Stubbs would not take the seat 
thus given him under the ruling of the Court. While Mr- 
Stubbs was present at the opening of the se c sion, he took no 
part in. the caucuses, refused to be sworn in as a member, and in 
no way made a claim to membership. The first motion enter- 
tained by Speaker Douglass was made by Mr. Cubbison, of 
Wyandotte County, .as follows : 

Whereas. A. W. Stubbs refuses to accept the seat in this House under 
his c rtificate of election, I move you that Mr. Rosenthal be declared entitled 
to a seat in this body. 

This was carried, and Mr. Rosenthal took his seat. At no 
time was there any attempt on the part of Mr. Stubbs, or any 
other Republican, to deprive Mr. Rosenthal of his seat. The 
conduct of Mr. Stubbs in the matter was beyond criticism, 



LETTERS TO GOVERNOR LEVELLING. 211 



SENTIMENT OF THE PRESS OUTSIDE 
OF KANSAS. 

TOPEKA'S HUMILIATION. 
From the Chicago News-Record Independent). 

If the Topeka Solons have now heard all that has been said 
about them in the rest of the world, they may retire and find 
secluded nooks in which to blush. 



WHAT VIRTUES HAS HE, ANYHOW? 
From the Chicago Tribune (Republican). 

Gov. Leweiling of Kansas ma}* have some ability in certain 
directions, but he is not a man of clear head, sound judgment, or 
quick perception. He would never make a good base-ball 
umpire. 

r BETTER LATE THAN NEVER. 

From the New York Mail and Express (Republican). 

The Kansas Republicans had the right of the fight, and have 
won. If they had been more aggressive at the opening, perhaps 
Martin would not now be in Washington claiming a seat as 
senator. 

A DISGRACE TO KANSAS. 
From the Pr ■ vidence (R. I.) Bulletin. 

The legislative row at Topeka is a disgrace to the State of 
Kansas and to the country at large. Setting aside the equities 
of the case, the riotous proceedings this week have been wholly 
uncalled for and will have only a bad influence abroad in dis- 
countenancing republican institutions and the ability of the 
American people to govern themselves decently and in order. 



THE "POPS" EXPOSE THEIR CHARACTER. 
From the ISrooklyu Standard- Union Republican;. 

While the courts are considering the case which is to be 
brought before them, the people of Kansas will have time to re- 
flect upon the wisdom of sending law-breakers to Topeka and ex- 
pecting them to enact just laws for the government of the people. 
The events at the State-House during the last few days will not 
increase State pride among patriotic Kansaus, but they will have 
served a good purpose if thereby the eyes of the people are 
opened to the true character of the revolutionary Populists. 



212 LETTERS TO GOVERNOR LEVELLING. 

A SOVEREIGN RULER. 
From the New York Advertiser (Republican) . 

The Populist Governor of Kansas seems to be a man of large 
functions. He has undertaken, it appears, to decide who are the 
properly qualified members of the Legislature in his State, and 
is ready, as the sovereign ruler of a sovereign State, to enforce 
his decision by the use of the State militia. There are a great 
many quite valuable and useful things to know which Governor 
Lewelling seems lobeina fair way to learn at an early day. 



IT IS NOT THE AMERICAN WAY. 
From the New York World. 

In view of these facts, it is not likely that the Populist Senate 
will be able to precipitate any war in Kansas, except a war of 
words. Meantime sensible men throughout the country regard 
the whole performance with profound disgust. This Populist 
House has never even pretended that it was composed of a major- 
ity of the men elected. A minority simply seized the hall, seated 
nearly a dozen outsiders who had no kind of credentials, and 
proceeded to organize and legislate. That may be the Kansas 
way, but it is not the American way of making laws, and public 
opinion will not tolerate it. 

WHERE THE BLAME RESTS. 

From the New York Post. 

The blame for the scandal belongs to the Populists, who 
have for weeks been trying to usurp power which did not 
belong to them, and who have refused all appeals of the Republi- 
cans to submit the controversy to the courts. The only hope for 
the State is that the people will make their disgust so manifest 
that the anarchists — for that is what the Populists have become — 
will be frightened into a back-down, 



YES, EVEN KANSAS WILL COME TO HER SENSES. 

From the Des Moines Register. 

But even Kansas will come to her senses by and by, and when 
her people are once more sober, what disaster, State-wide disas- 
ter, they will behold ! Now they are drunk with political schemes 
and social dreams ; when they are sober they will be like the man 
who came home drunk in the night, smashed up all the furniture, 
and in the morning found himself among the wrecks of what the 
day before was a home. 

CARRIED MATTERS WITH A HIGH HAND. 

From the Spi-ingfield (Mass.) Republican. 

They have carried matters with a high hand and have resisted 
every attempt to have the merits of the controversy passed upon 
by established tribunals, and their discomfiture is deserved. BtU 



LE TTERS TO GO I *ERKOR L E JJ ELL IXC. 21 8 

it does not leave the situation any clearer. As matters stand, the 
militia are in rebellion against their lawful commander, the com- 
mander himself and his allies are in revolt against law and order, 
and the Legislature is still divided into two hostile and inde- 
pendent bodies. The whole business is a disgrace, not only to 
Kansas, but to the nation. 



YES, THEY WILL BR OBLIGED TO DO SO. 

From the Rochester (N. Y.) Post-Express. 

The difficulty originated in the refusal of the Populists of 
Kansas to respect the decisions of the courts. They will be 
obliged now to do so, for the danger of an armed conflict has 
passed awa}\ 

Of course, they claim that the courts are partisan and cannot 
be trusted. But this plea is not a good one in this country. If 
the decision of the courts is not to be accepted peaceably, all the 
safeguards of society disappear. Politicians who are beaten in 
the courts may appeal to public opinion, but they must let mus- 
kets and shot-guns and cannon severely alone. 



WILL BE THE TERROR OF THE VENAL VAMPIRES. 

From the Nebraska State Journal. 

The Governor of Kansas is developing quite ambitious mili- 
tary plans for the subjugation of that warlike State. He is 
going to purge the " melish" of all Republicans and enlarge it to 
a host of 30,000 "Pops" who can be relied on to fight till the last 
armed foe expires, and give a better account of themselves than 
they did during the late unpleasantness in Topeka. 

The Journal wishes the Governor success in his militant 
undertaking. Kansas needs a standing army sufficient to over- 
awe the world, and when 30.000 'Pops" getinto line, the fierce and 
bold aspect of the "Sunflower State" will be the terror of the venal 
vampires of the universe. 

THE KANSAS ANARCHISTS. 
From the Brooklyn Daily Time* . 

The latest dispatches from Kansas do not seem to encourage 
the belief that all the trouble arising out of the recent election 
is over. The courts have decided that the Republcan House of 
Representatives is the only legal House, but it is said that the 
Governor and his Populist advisers propose to defy the mandate 
of the courts and to continue to ignore the existence of the 
so-called Douglass House. As the matter stands, under the 
decision of the courts, all the laws that have been passed and all 
the appropriations that have have been made are illegal, and to 
give them standing and validity it would be necessary to begin 
at the beginning again and submit all the legislation that has 
already received the Governor's sanction to t lie scrutiny of the 
legal House. There seems little prospect of such a rvsult, and 



214 LETTERS TO GOVERNOR LE WELLING. 

in consequence a flood of legal complications threatens the 
unfortunate State to puni=h it lor its folly in giving the control 
of the government into the hands of rampant anarchists. 



THE SITUATION IN KANSAS. 
From the New York Herald. 

Now that the Supreme Court of Kansas has declared that the 
Republican House at Topeka is a constitutional and the Populist 
an unconstitutional body, the Populists, if they respect law and 
order, have nothing to do but to bow to the decision 

As the interpreter of the Constitution, it was not only the 
right but the duty of the court, when called upon, to determine 
which of the two bodies claiming to be the House had been 
organized in accordance with the laws and the Constitution. From 
its decision now rendered there is no appeal, except to the people 
at the next election. To defy or disregard the judgment, as 
some of the fiery Populists recklessly proposed, would be simply 
revolutionary. 

PEACE IN KANSAS. 
From the Chicago News-Record. 

There is peace once more in Kansas. The Populists have 
decided to give up the attempt to form a House by themselves, and 
will accept a minority representation in the House dominated by 
the Republicans. 

And so the long, lunchless, bedless vigils in the Capitol build- 
ing have come to a close. The siege is raised. No member need 
hesitate to leave his seat at night for fear that it will not be there 
next m or ring or that he will find some hated foeman intrenched 
therein. 

Thus peace spreads her pinions over the closing scene in 
about as miserable a farce-comedy as has ever been performed in 
American politics. The Kansas legislators should now make a 
gallant effort to assume the virtue of dignity. 



THE KANSAS POPULISTS BEATEN. 
From the Boston Herald. 

The Populist House in Kansas seems to be done for. The 
decision of the Supreme Court in the Gunn case settles that 
question. A witness named Gunn, having been summoned to 
appear before a committee of the Republican House, refused to 
appear. He was accordingly arrested for contempt by the 
authority of the Republican Speaker, and held in confinement at 
Topeka. An application for a writ of habeas corpus was made to 
the Supreme Court in his behalf, and the court's denial of th s 
application is equivalent to a judgment that the Republican 
House is the lawful body. There is still some doubt as to whether 



LETTERS TO GOVERNOR LEVELLING. 215 

the Populists will accept this decision as final; but the sooner 
they do so, the sooner they will cease making a spectacle of 
themselves. They should disperse forthwith. 



THE KANSAS DECISION. 

From the New York World. 

The judgment of the Supreme Court of Kansas should be 
accepted by all as conclusive of the disgraceful legislative contro- 
versy there. The Populists may not relish it, but they must sub- 
mit or become public enemies. 

The American people believe in law and in abiding by the 
decisions of courts. Somebody is disappointed in the result 
of every legal controversy, but under our system the decisions of 
the highest courts must be held to be binding, and be absolutely 
obeyed, or anarchy will follow. 

The Kansas Populists have been as defiant of law and of order 
as if there were no such things. Having got it into their heads 
that they ought to rule, they have undertaken to do so in spite 
of the fact that they were defeated in the election. That way 
anarchy and ruin lie. 

Courts are established to prevent reliance upon force in any 
but its legitimate methods of expression. Not only Republican 
government, but civilization itself, is based upon submission to 
law as it is declared by the courts. 

An unfortunate result of an election contest may be rectified 
at the next election, if the defeated party is deserving and patient. 
The error of insurrection against the fundamental conditions of 
social order cannot be excused or forgiven. It is a kind of lunacy 
which forbids future confidence. 



THINKS THERE SHOULD HAVE BEEN BLOODSHED. 

From the Providence (R. I.) Bulletin (Mugwump . 

Of what use is our national guard to be, if. as occurred in 
Kansas, the troops take sides and refuse to obey the orders of 
their commander-in-chief? Such an example of disloyalty as 
this is fairly comparable with that which developed during the 
Pittsburgh railroad riot. It was said at that time, however, that 
the militia who gave up to the strikers were disloyal because 
they were foreigners. Now we have a case of the same sort in a 
State whose population of several millions includes but few 
score thousand foreigners. It may be that Gov. Lewelling 
should first have called on the sheriff of the county to preserve 
the peace, but it is to the shame of the Kansas troops that when 
they were ordered to net by their State commander, they forgot 
their duty as soldiers and became politicians. 



216 LETTERS TO GO] r ERNOR LE WEI LING. 

IN DEFIANCE OF CONSTITUTION AND STATUTE. 
From the New York Press. 

The Populists disputed several seats at the opening of the ses- 
sion. Instead of contesting the matter in the way provided by 
law, however, they refused to permit the coutestees to take part 
in organization an d legislation pending settlement of the dim- , 
culty, and thus forced a division of the House. They were insti- 
gated to this revolutionary course by the knowledge that the 
Governor and Senate were politically in sympathy with them. 
Every step which the Populist House has since taken has been 
in defiance of Constitution and statute. 

The surrender of the Populists is attended by an order of 
Governor Lewelling dispersing the militia which had been sum- 
moned to Topeka. No credit should be given to that magistrate 
for this act. He was constrained to it by multiplying proof that 
in the event of a clash of arms the militia could not be depended 
upon to support him in his course. The Republican House is to 
be cordially commended for its stubborn resistance to lawless 
usurpation. 

LEWELLLNG'S FIRST SENSIBLE ACT. 
From the Philadelphia Bulletin (Republican . 

Governor LeweLing's back-down and agreement to give the 
Republicans undisputed possession of the legislative buildings, 
and to abide finally by the result of the Supreme Court's ruling 
as to the legality of one or the other of the rival Legislatures, 
is the first really sensible action that official has taken in the 
present trouble. His uncompromisingly hostile "attitude toward 
the Republicans up to this time demonstrated that he was actuated 
more by partisanship than by a determination to stand by what 
was right and to eniorce law and justice, since he showed him- 
self unwilling, until very recently, even to listen to Republican 
allegations. It seems that it was only the overwhelming supe- 
riority in numbers of those supporting the Republican cause 
which brought him around at last; and not much credit can be 
given him, therefore, lor his willingness to see fair play. What- 
ever the rights of the case, the attitude of the Kansas Governor 
toward the disputants was never calculated to bring about a set- 
tlement of any kind. It rather strained the relations existing 
between the claimants, and that bloodshed did not result was not 
the fault of his at least unfortunate course of action. 



A DEMOCRATIC VIEW. 
From the Chicago Times (Democratic). 

He was inaugurated, and is now the chief magistrate of Kan- 
sas. Under the Constitution of that State, as of all others in the 
Union, the Governor is commander-in-chief of the militia forces. 
He calls out this militia in the hope of maintaining order dis- 
turbed by Republican politicians in a manner which casts pro- 



LETTERS TO GOVERNOR LEWELLING. 217 

found discredit upon the State and may result in widespread dis- 
aster. The chief officer of the militia refuses to obey him, and 
takes credit for his insubordination before a congregation of 
Republicans intrenching themselves in the Hall of Representa- 
tives, into which they had broken with force and arms. Only 
last summer a private of a Pennsylvania regiment, who had made 
a thoughtless remark represented to be subversive of military 
discipline was hung up by the thumbs. If the idea were car- 
ried out. and the degree of insubordination shown in the case 
of the commander under the Governor of the Kansas militia 
were considered, summary shooting of the officer would not be 
out of place. 

FEW " POPS " AT THE NEXT ELECTION. 

From the Chicago Tribune Republican'. 

If the Populists, who have been in the wrong pretty steadily 
from the outset, had allowed a case to be made up for the court, 
the dispute would have ended some time ago. They preferred 
to adopt a policy of violence and force, and their Governor has 
behaved as badly as any one of them. His last performance was 
inexcusable. It is probable that but for the firm resistance of the 
sheriff and the colonel of the militia regiment he would have 
tried to expel with force of arms from the State Capitol lawfully 
elected members of the Legislature, the right of nine-tenths of 
whom to seats is not questioned even by the Populists. The 
Republicans are gaining strength every hour, and the Populists 
are losing it. The only effect, then, of these unhappy occurrences 
will be to break up more rapidly the part}* of lawlessness and 
violence. The next election will show few Populists in Kansas. 



INCALCULABLE DAMAGE TO THE STATE. 

From the Philadelphia Press Republican . 

The result of the Farmers' Alliance movement is to place 
Kansas in a most unfavorable attitude before the country. The 
State has already received incalculable damage, from which it 
will need years to recover. Property has decreased in value, in- 
vestments ceased, and a sense of insecurity prevails in all classes 
of business. The State would probably have been saved the dis- 
grace of this winter if the Democrats had not encouraged the 
lawless agrarian spirit by allying themselves with it in order to 
gain the Presidency. To the encouragement they gave it then is 
due the greater violence and recklessness witnessed this year; 
and if bloodshed results, the Democrats must be held largely 
responsible. For resisting this agrarian spirit, and for main- 
taining their rights even at the expense of force the Republicans 
deserve the thanks and support of all law-abidiug people in the 
country, 



218 LETTERS TO GOVERNOR LE WELLING. 

BRAZEN POrULIST PRETEXTS. 
From the New York Herald (Democratic . 

The unseemly squabble for the possession of the House has 
been going- oil since the meeting of the Legislature early in Jan- 
uary. By the returns of the State board of canvassers, the 
Republicans had a clear majority of the House, and accordingly 
a prima facie right to organize that body, which they very natur- 
a ly did. Though in the minority, the Populists proceeded to 
seat a number of members on the most brazen pretexts, and then 
organized a rival House, which, with the Republican body, ha; 
occupied the assembly rooms of the Capitol. 

This proceeding on the part of the Populist party was simply 
revolutionary. If it had any claim to the organization and con- 
trol of the lower branch of the Legislature, the only lawful way 
to assert it was by orderly procedure in the House or the courts. 
Resort to force was simply lawlessness. 

To this lawlessness the Populist Governor has made himself 
a party by aiding and abetting the revolutionists, even to the 
extent of calling out the State militia to support them. 



PLAYING WITH FIRE IN KANSAS. 
Prom the Irish World. 

A disastrous and bloody civil war has been averted in the State 
of Kansas by so narrow a chance that the whole country gives a 
sigh of relief at the announcement. Because the control of the 
State Legislature depended on disputed questions of law and fact 
at issue between two political parties, excited men, who preferred 
possession of the spoils of office to the public peace, refused to 
permit the questions in dispute to be determined by the peaceful 
tribunals established by the Constitution for that purpose, and 
chose instead the methods of Alaric and Attila. It was only 
when the State Capitol was converted into a besieged fortress, 
filled with armed and wrangling mobs and surrouuded by rapidly 
increasing thousands of military, waiting, for the word from 
enraged rival authorities to hurl themselves against each other 
in senseless fratricidal war, that the voice of prudence and patri- 
otism was heard in the clamor of angry passions, and those who 
had provoked the conflict began to realize the appalling depth and 
danger of the abyss into which they were recklessly leading the 
people. Now that a halt has been called and the courts invoked 
to render a verdict upon the questions in dispute, it is to be hoped, 
for the sake of the good name of the State and nation , that the coun- 
sels of violence will be repudiated, and that there will be instead 
a cheerful acquiescence and the adjustment reached by peaceful 
and constitutional methods. For the honor of American insti- 
tutions, let it not be said that the verdict of the ballot-box should 
ever again be imperilled by armed violence, or that the military 
should ever be invoked to enforce its verdict or pass judgment 
upon its interpretation. Such methods are contrary to the genius 



LETTERS TO GOVERNOR LEWELLIXG. 210 

of American institutions, and should be avoided and condemned 
by all patriotic citizens. 

A POLITICAL MILITIA. 
From the Kansas City Star Independent-Democratic). 

Among the many new and brilliant ideas evolved in Kansas 
of late is that of a political militia and partisan army, a force that 
can always be relied upon to '' vote as they shoot," and under 
the same direction. 

This suggestion comes, of course, from the Populist side, the 
side that just now is furnishing Kansas with all the new and 
original, plain and fancy, notions about the government of the 
State. The idea, in brief, is the organization of a militia force 
in the State, every officer and man of which shall belong to one 
and the same political organization to the exclusion of all mem- 
bers of other parties, and each member, in addition to the com- 
mon military oath, is to be bound by a civil and political oath to 
vote as he is directed and to shoot as he is ordered. 

A force like this will be a novelty in a free country in time of 
peace. It will be a new thing in the way of "reform." It will 
illustrate the beauties of partisanship in a new direction. It will 
enable the tacticians to furnish us something fresh in the way 
of text-books, combining the manual of the voter in connection 
with the manual of arms and the school of the company and the 
battalion. It will be perfectly practicable to " organize victory " 
at the polls as well as in the "imminent and deadly breach." 
The soldier can be instructed to. stand with the fore finger of his 
left hand on the seam of his pants and to receive with his right 
hand from his captain or other commissioned officer tbe ballot 
with which he will proced to the polls, and winch he will there 
deposit in accordance with the directions laid down in the regu- 
lations for the government of the militia of the State of Kansas. 
The value of a force carefully instructed in the "school of the 
caucus " as well as the bayonet exercise cannot be overestimated. 

The only defect in the system is its liability to change, and, 
for that matter, change is written on all created things, and must 
be expected and submitted to. In the event that a State election 
in Kansas should "go the other way," it would be necessary to 
disband the Populist army and substitute therefor a sufficient 
force of infantry, cavalry, and artillery composed of Republicans 
or stalwart and unterrified Democrats. The collection and 
trausfer of the ar»s and munitions of war, the camp-kettles and 
dog tents, would be a tedious and expensive operation and 
burdensome to the tax-payers. 



FIFTY DAYS' RUN OF THE QUEER CUTTER. 
From the Kansas City Journal. 

The invention of a supreme court, or a court of last resort, 
whose decisions are conclusive on legal questions, is the most 
salutary provision in popular government and the one ultimate 



£20 LETTERS TO GOVERNOR LEWELLING. 

guarantee of peace. It removes all yielding of one party to a 
controversy to another, and is a universal acquiescence in the 
arbitrament of reason and facts. The Populists of Kansas can 
yield to the decision of the court without any humiliation what- 
ever—simply because it is the final duty of freemen so to do. It 
is the law of heredity in America. 

A little prairie air and attention to spring plowing, corn-plant- 
ing and sheep-shearing will allow a chance to cool off and com- 
pare the peaceful conditions that obtain from a court decision 
to what would be under a military order countersigned by so 
puissant a warrior as Artz. There will be no danger after a 
conference of this sort with nature — on a Kansas prairie. 

But seriously, the situation has been most happily solved, and 
the Governor, the Senate, the "short" House, and the conspira- 
tors outside are all relieved of a most embarrassing complication. 
As long as men played for a technical advantage under either the 
Constitution or statutory law or parliamentary usage, the people 
who make laws and bread both could afford to look on and wait. 
But when bad blood, violent counsel, and military power were 
invoked, then the matter arose above party contest and became a 
question of public safety. 

As Republicans, we are gratified beyond measure that the 
legal House did not go beyond parliamentary usage, and that the 
peace was preserved by the civil authority. The one act of the 
Governor in calling out the military is the dark stain on this 
whole proceeding. It discloses the fact that bloodshed and civil 
strife were not obstacles to a purpose that at the best was not 
without dispute. It showed a willingness to commit the greatest 
crime under popular government— to invoke revolution by the 
sword, by civil war. 

The sheriff of Shawnee County, by a wise, timely, and most 
courageous act, saved the State from a crime that would have 
stained her history for all time, and the people can now take the 
opportunity offered to look over the whole case and see how infi- 
nitely better it is to follow the law than to invoke anarchy— for 
what? To put some men in office over others. This notice of 
the sheriff to the Governor that he as well as any other citizen 
must keep the peace, is one of the most noted examples of the 
nature of free government in all our history. But it was both 
sound in principle and judicious in action, if it was sui generis 
in practice. And it will be available still, should anyone disre- 
gard this decision of the Supreme Court. Ifris now in order to 
cool off, and, as Lieutenant-Governor Daniels says, appeal to the 
people two years hence. And the people of Kansas will act. 



THE GOVERNOR OF KANSAS. 
From the St. Joseph Herald. 

The Governor of Kansas finds himself in a most unenviable 
position. He has been making a fool of himself ever since his 
inauguration, and now stands disgraced before the whole country. 



LETTERS TO GOVERNOR LE WELLING. 221 

He has shown himself not only a fanatic, but the worst kind of a 
demagogue. 

Every one of impartial judgment, whether Democrat or Re- 
publican, who had followed and made himself familiar with the 
facts in the Kansas controversy, knew that the Republican 
organization of the House of Representatives was the legal one, 
and knew that if the case could be brought before a judicial tri- 
bunal, anj 7 honest court must so decide. 

Not a single assertion made by the Populists in the contro- 
versy was true, and they did not even attempt to substantiate 
them before the court. It was a matter of plain record that a 
majority of the members holding certificates participated in the 
Republican organization. This fact alone was sufficient to show 
which side was technically right, and justifies the decision. In 
regard to the equity of the case, it appears that the sum total of 
the votes cast for Republican members of the Legislature ex- 
ceeded by over 5,000 those cast for the Populists. In addition, 
on the Republican side must be reckoned some 1,500 majorities 
cast for three Democratic members who throughout acted with 
the Republican House. The only serious difficulty which has 
been in the way was whether the court had jurisdiction. The 
court, however, decided that wdiile it could not inquire into the 
qualifications of individual members, it could inquire into the 
legality of the election certificates and the legality of the House 
considered as a whole. This point being decided, the decision 
which has been reached necessarily grew out of the facts in the 
case. There is only one thing left for the Populists, and that is to 
yield to the decision of the court. They had no ground to stand 
on before the arbitrary and violent measures which they took, 
and the case against them will be worse now if they have the 
temerity and the folly to defy the courts. They are absolutely 
without right and without color of right. For them now to 
insist upon the position which they have taken would be anarchy 
as well as revolution. 



A POLITICAL OBJECT LESSON. 

From the St. I,ouis Globe-Democrat. 

The collapse of the Populist attempt to secuie control of the 
Kansas Legislature by revolutionary means may be said to furn- 
ish a striking and profitable illustration of the fact that no polit- 
ical party can prosper in this country by antagonizing the laws 
that are made for the safety and advantage of all classes. No 
experiment of that kind has ever yet succeeded. It is possible, 
ol course, for such a movement to gain considerable headway, 
and to produce more or less disturbance in affairs of government, 
but it is certain to be defeated in the end. As a rule, in fact, it 
usually defeats itself. It is illogical, and when it conies in con- 
tact with logical forces and appliances, its strength dwindles and 
it can go no further. The Kansas Populists were in the wrong 
to begin with, and there was no succeeding chance for them to 



222 



LETTERS TO GOVERNOR LEWELLING. 



put themselves in the right, except by the process of surrender. 
Their triumph would have been a victory over the established 
system of society. They assumed the authority to upset funda- 
mental conditions for the purpose of accomplishing a superficial 
object, and they failed because the undertaking could not be 
defended upon any ground of legality or propriety. The vital 
question in the case was ignored by them until their folly reached 
its climax, and then there was nothing left for them but humili- 
ating submission to the laws. 

It is to be hoped that this experience will have the good effect 
of convincing the Populists, not only in Kansas, but throughout 
the whole country, that their party can not afford to repudiate 
the highest obligations of citizenship in its efforts to gain polit- 
ical advantage. If it is to endure and to grow, it must conform 
to the methods of other parties, and regulate its operations in 
such a way as not to menace public order and safety. The law- 
abiding sentiment is the predominant one in the United States, 
and anything that looks like anarchy is sure to encounter fatal 
opposition. Men have the right to believe what they please, but 
they have no right to enforce their belief by intimidation and vio- 
lence. They must confine themselves to peace and legal expedi- 
ents in their plans of conquest. It will not do for them to 
organize a strike in politics, and snap their fingers at the law and 
the courts. If their doctrines are sound and wholesome, they 
should be willing to rely upon the ordinary instrumentalities for 
making converts to a cause and bringing about its success. They 
cannot expect to gain sympathy and assistance by resorting to 
arbitrary measures. It is permissible for them to change the 
laws if they can properly get the power to do so, but they must 
not become law-breakers. Under no circumstances can they be 
allowed to substitute their private opinions and preferences for 
existing legal provisions and requirements, and the sooner they 
accept this fact, and make it a part of their political philosophy, 
the better it will be for them in every respect. 



WEAK AND WRONG. 
From the Kansas City Times (Democratic). 

Governor Lewelling, of Kansas, declined to state what his 
course would be under the Supreme Court ruling until he had 
consulted the Populist party leaders. He wished, he said, to fol- 
low their advice. 

He has already followed their advice too far. The Governor 
of a State has at call the advice of constitutional officers who are 
paid by the people. He is unfit for his office if he is guided by 
a cabal of politicians who are under no bond, restrained by no 
oath, in danger of no punishment for violating the laws. 

In the short time since the People's party started in to reform 
the country, more damage has been done to the good customs of 
the communities in which the parties reached strength enough 
to affect government than it could reform in twenty years if it 



LETTERS TO GOVERNOR LE WELLING. :23 

were to become constructive at once instead of destructive. It 
has apparently been trying to substitute poverty for comfort, force 
for law, and falsehood for truth. The system it has practiced 
would remove all safeguards from the weak and leave the strong 
to the unlimited and arbitrary use of every engine of government. 

What has a chief executive to do with party leaders? He is 
supposed to be looking after the welfare of tlie people and to be 
intent upon executing the laws as they are enacted by the legis- 
lative branch and interpreted by the judiciary. But'this Governor 
looks to a knot of socialist agitators for advice, and has no opin- 
ion as to whether he will obey the law or not until they have 
given him orders. Lewelling is not quite such a weak and 
foolish person as he has appeared during the past two mouths, 
lie has been laboring under excitement, and, his new job being 
a little larger than his size, he has not done himself justice. 

Instead of consulting Doster and the other " leaders," the 
Governor should stop the silly business of trying to set Populist 
success above decency and law. 

It is not difficult to be a good Governor. Lewelliug's trouble 
has been that he was advised to pull the schemes of the Populists 
into all his executive acts. 

The law affecting the organization of the House of Represent- 
atives has been declared. The Governor can get peace of mind 
by obeying it implicitly. He has done more now for the Popu- 
list leaders than they would have asked if they had been prudent. 

Kansas can recover quickly from two months of government 
according to anarchistic advice, tempered somewhat by the laws 
of the State. It might recover from two years of Lewelling's 
advisers if the militia still retained its healthy American good 
sense and the courts stuck to the Constitution. But what's the 
use of any more? Governor Lewelling is man enough to send 
away the Populist leaders and to follow the precedents of sound 
administration. He became popular in December through his 
conservative utterances. He can regain that popularity by 
redeeming his promise. 



TABLE OF CONTEXTS. 



rAGES. 

series of Fourteen Letters to Governor Lewelling 5-72 

A Brief Chronological History of ths Session, giving Day and Date of 
Every Important Event in the Senate and. House from January 9th 
to Close of Session, including Letter of Mr.Dunsmore to Speaker 
Douglass, His Reply, and Important Resolutions and Protests... . 73-93 

The Decision of the Supreme Court in the Gunn Case, in full, re- 
vised and corrected by Chief Justice Horton 96-116 

The Dissenting Opinion, in full, in the same Case, by Associate 
Justice Allen, revised by Himself ; also Reply by the Fifteen Re- 
publican Senators to Certain Statements of 'Associate Justice 
Allen 117-126 

The Decisions of the Supreme Court, in full, in the Coffey, Jackson, Re- 
public, and Haskell County Contest Cases, rendered before the 
Legislature met 127-145 

The Decision of Judge Hazen of the District Court of Shawnee County 
in the Injunction Case against Auditor of State Prather and State 
Treasurer Biddle, which involved the validity of the Dunsmore 
House ". 146-150 

The Evidence of Hon. A. H. Lupfer, on cross-examination, in the 
Gunn Case. Mr. Lupfer was Temporary Clerk of the Dunsmore 
House. This evidence is furnished by the Official Court Reporter 
of the Supreme Court., 151-154 

The Evidence of Ben C. Rich, on cross-examination, in the Gunn 
Case. Mr. Rich was elected Chief Clerk of the Dunsmore House. 
This evidence is furnished by the Official Court Reporter of the 
Supreme Court 155-160 

Vote on President by Counties for 1888 and 1892 compared ; Tote for 
C mdidates for Governor in 1892, and for Candidates for the Senate 
and House, and Politics of Each, for Election of 1892 161-172 

Official Vote by Districts for Congressional Candidates and Counties 

Composing the Districts ; also Same for Congressman at Large.. . 173 

The Judicial Districts of the State by Counties, and Names of Judges 

Presiding 17 4-175 

Governors of Kansas, Territorial and State, up to 1893; When and 
Where the Eight Sessions of Territorial Legislature Met ; also the 
Names of the Present Congressmen from Kansas 176-178 

A Register of the Executive and Judiciary Departments of the State 

Government 179-180 

A Complete Register of the Present Members of the Legislature, 
Senate and House, Their Districts, Postoffiee Addresses, and Poli- 
tics ; also the Names of Subordinate Officers of Both Houses and 
the Standing Committees of Both Houses 181-191) 

Names and Postoffiee Addresses and Polities of Members of State 
Boards, Directots and Regeuts of State Institutions, and Special 
Officers Appointed by the Governor 191-191 

Officers and Directors, and Postoffiee Addresses, of the State Histor- 
ical Society, the State Board of Agriculture, the State Horticultural 
Society, and World's Fair Managers; also Brief History of the 
Kansas Republican League 195-200 

The Wealth and Resources of Kansas 201-204 

Officers and Members of the Republican State Central Committee, 
and a Sketch of the Work Done by the Committee Since it was 
Elected "- 

Sentiment of the Press Outside of Kansas., .... 211 



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